Envir Impact Assessment
Planning and Development Act
PART X
Environmental Impact Assessment
F712[Interpretation.
F713[171A. In this Part—
“environmental impact assessment” means a process—
(a) consisting of—
(i) the preparation of an environmental impact assessment report by the applicant in accordance with this Act and regulations made thereunder,
(ii) the carrying out of consultations in accordance with this Act and regulations made thereunder,
(iii) the examination by the planning authority or the Board, as the case may be, of—
(I) the information contained in the environmental impact assessment report,
(II) any supplementary information provided, where necessary, by the applicant in accordance with section 172(1D) and (1E), and
(III) any relevant information received through the consultations carried out pursuant to subparagraph (ii),
(iv) the reasoned conclusion by the planning authority or the Board, as the case may be, on the significant effects on the environment of the proposed development, taking into account the results of the examination carried out pursuant to subparagraph (iii) and, where appropriate, its own supplementary examination, and
(v) the integration of the reasoned conclusion of the planning authority or the Board, as the case may be, into the decision on the proposed development, and
(b) which includes—
(i) an examination, analysis and evaluation, carried out by the planning authority or the Board, as the case may be, in accordance with this Part and regulations made thereunder, that identifies, describes and assesses, in an appropriate manner, in the light of each individual case, the direct and indirect significant effects of the proposed development on the following:
(I) population and human health;
(II) biodiversity, with particular attention to species and habitats protected under the Habitats Directive and the Birds Directive;
(III) land, soil, water, air and climate;
(IV) material assets, cultural heritage and the landscape;
(V) the interaction between the factors mentioned in clauses (I) to (IV), and
(ii) as regards the factors mentioned in subparagraph (i)(I) to (V), such examination, analysis and evaluation of the expected direct and indirect significant effects on the environment derived from the vulnerability of the proposed development to risks of major accidents or disasters, or both major accidents and disasters, that are relevant to that development;
“proposed development” means proposed development within the meaning of section 172(1A)(a).]]
Annotations
Amendments:
F712
Inserted (19.08.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 53, S.I. No. 405 of 2010.
F713
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 16, in effect as per reg. 2(1).
Editorial Notes:
E325
Previous affecting provision: subs. (1) amended (31.10.2012) by European Union (Environmental Impact Assessment) (Planning and Development Act, 2000) Regulations 2012 (S.I. No. 419 of 2012), reg. 2(b), substituted as per F-note above.
E326
Previous affecting provision: section inserted (19.08.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 53, S.I. No. 405 of 2010, substituted as per F-note above.
Requirement for environmental impact statement.
F714[172.—F715[(1) An environmental impact assessment shall be carried out by the planning authority or the Board, as the case may be, in respect of an application for consent for proposed development where either—
(a) the proposed development would be of a class specified in—
(i) Part 1 of Schedule 5 of the Planning and Development Regulations 2001, and either—
(I) such development F716[would equal or exceed, as the case may be,] any relevant quantity, area or other limit specified in that Part, or
(II) no quantity, area or other limit is specified in that Part in respect of the development concerned,
or
(ii) Part 2 F717[(other than subparagraph (a) of paragraph 2)] of Schedule 5 of the Planning and Development Regulations 2001 and either—
(I) such development F718[would equal or exceed, as the case may be,] any relevant quantity, area or other limit specified in that Part, or
(II) no quantity, area or other limit is specified in that Part in respect of the development concerned,
or
(b) (i) the proposed development would be of a class specified in Part 2 of Schedule 5 of the Planning and Development Regulations 2001 but F719[does not equal or exceed, as the case may be,] the relevant quantity, area or other limit specified in that Part, and
F720[(ii) it is concluded, determined or decided, as the case may be,—
(I) by a planning authority, in exercise of the powers conferred on it by this Act or the Planning and Development Regulations 2001 (S.I. No. 600 of 2001),
(II) by the Board, in exercise of the powers conferred on it by this Act or those regulations,
(III) by a local authority in exercise of the powers conferred on it by regulation 120 of those regulations,
(IV) by a State authority, in exercise of the powers conferred on it by regulation 123A of those regulations,
(V) in accordance with section 13A of the Foreshore Act, by the appropriate Minister (within the meaning of that Act), or
(VI) by the Minister for Communications, Climate Action and Environment, in exercise of the powers conferred on him or her by section 8A of the Minerals Development Act 1940,
that the proposed development is likely to have a significant effect on the environment.]]
(1A) In subsection (1)—
(a) “proposed development” means—
(i) a proposal to carry out one of the following:
(I) development to which Part III applies;
(II) development that may be carried out under Part IX;
F721[(III) development that may be carried out by a local authority under Part X or development that may be carried out under Part XI;]
(IV) development on the foreshore under Part XV;
(V) development under section 43 of the Act of 2001;
(VI) development under section 51 of the Roads Act 1993; F722[…]
F723[(VII) development to which Chapter III of Part XXI applies; and]
(ii) notwithstanding that development has been carried out, development in relation to which an application for substitute consent is required under Part XA;
(b) “consent for proposed development” means, as appropriate—
(i) grant of permission;
(ii) a decision of the Board to grant permission on application or on appeal;
(iii) consent to development under Part IX;
F721[(iv) consent to development that may be carried out by a local authority under Part X or development that may be carried out under Part XI;]
(v) consent to development on the foreshore under Part XV;
(vi) consent to development under section 43 of the Act of 2001;
(vii) consent to development under section 51 of the Roads Act 1993; or
(viii) substitute consent under Part XA.
F724[(1B) An applicant for consent to carry out a proposed development referred to in subsection (1)(a) shall furnish an environmental impact assessment report, which shall be prepared by experts with the competence to ensure its completeness and quality, to the planning authority or the Board, as the case may be, in accordance with the permission regulations.]
F721[(1C) Where the planning authority or the Board receives an application for consent for proposed development referred to in paragraph (b) of subsection (1) in relation to which the authority or the Board has made a determination referred to in that paragraph, and the application is not F725[accompanied by an environmental impact assessment report], the planning authority or Board, as the case may be, shall require the applicant to submit an F726[environmental impact assessment report and where the environmental impact assessment report] is not submitted within the period specified, or any further period as may be specified by the planning authority or the Board, the application for consent for the proposed development shall be deemed to be withdrawn.]]
F727[F728[(1D)(a) The planning authority or the Board, as the case may be, shall consider whether an environmental impact assessment report submitted under this section identifies and describes adequately the direct and indirect significant effects on the environment of the proposed development.
(b) Where the planning authority or the Board, as the case may be, considers that the environmental impact assessment report does not identify or adequately describe such effects, it shall require the applicant for consent to furnish, within a specified period, such further information, prescribed under section 177, which is necessary to ensure the completeness and quality of the environmental impact assessment report and which is directly relevant to reaching the reasoned conclusion on the significant effects on the environment of the proposed development, as the planning authority or the Board, as the case may be, considers necessary to remedy such defect.]
(1E) In addition to any requirement arising under subsection (1D), the planning authority or the Board, as the case may be, shall require an applicant for consent to furnish, within a specified period, any further information that the planning authority or the Board considers necessary to enable it to carry out an environmental impact assessment under this section.
(1F) Where information required by the planning authority or the Board under subsection (1D) or subsection (1E) is not furnished by the applicant for consent within the period specified, or any further period as may be specified by the planning authority or the Board, the application for consent for the proposed development shall be deemed to be withdrawn.
(1G) In carrying out an environmental impact assessment under this section the planning authority or the Board, as the case may be, shall consider—
(a) the F729[environmental impact assessment report];
(b) any further information furnished to the planning authority or the Board pursuant to subsections (1D) or (1E);
(c) any submissions or observations validly made in relation to the environmental effects of the proposed development;
(d) the views, if any, provided by any other Member State under section 174 or Regulations made under that section.
F730[(1GA)(a) Paragraph (b) applies where an environmental impact assessment under this section and an appropriate assessment following a determination under section 177U(4) are required to be carried out simultaneously in respect of the same development.
(b) The planning authority or the Board, as the case may be, shall coordinate the 2 assessments.]
(1H) In carrying out an environmental impact assessment under this section the planning authority or the Board, as the case may be, F731[shall ensure it has, or has access as necessary to, sufficient expertise to examine the environmental impact assessment report to ensure its completeness and quality and] may have regard to and adopt in whole or in part any reports prepared by its officials or by consultants, experts or other advisers.
F732[(1I)(a) Where the planning authority or the Board, as the case may be, decides to grant consent for the proposed development, it shall—
(i) attach such conditions, if any, to the grant as it considers necessary, to avoid, prevent or reduce and, if possible, offset the significant adverse effects on the environment of the proposed development,
(ii) in the decision, specify the features, if any, of the proposed development and the measures, if any, envisaged to avoid, prevent or reduce and, if possible, offset the significant adverse effects on the environment of the proposed development, and
(iii) subject to paragraph (b), where appropriate, specify in the decision measures to monitor the significant adverse effects on the environment of the proposed development, being measures which, as regards the types of parameters to be monitored and the duration of the monitoring, are proportionate to the nature, location and size of the proposed development and the significance of the effects on the environment of the proposed development.
(b) Where the planning authority or the Board, as the case may be, decides to grant consent for the proposed development, it may, if appropriate to avoid duplication of monitoring, and without prejudice to existing monitoring arrangements pursuant to national or European Union legislation (other than the Environmental Impact Assessment Directive), identify those arrangements (or such of those arrangements as it thinks appropriate in the particular case) to be used for the purpose of paragraph (a)(iii).]
(1J) When the planning authority or the Board, as the case may be, has decided whether to grant or to refuse consent for the proposed development, it shall inform the applicant for consent and the public of the decision and shall make the following information available to the applicant for consent and the public:
(a) the content of the decision and any conditions attached thereto;
(b) an evaluation of the direct and indirect F733[significant effects of the proposed development on the matters set out in paragraph (b) of the definition of “environmental impact assessment” in section 171A];
(c) having examined any submission or observation validly made,
(i) the main reasons and considerations on which the decision is based, and
(ii) the main reasons and considerations for the attachment of any conditions, including reasons and considerations arising from or related to submissions or observations made by a member of the public;
(d) F734[…]
(e) any report referred to in subsection (1H);
(f) information for the public on the procedures available to review the substantive and procedural legality of the decision, and
(g) the views, if any, furnished by other Member States of the European Union pursuant to section 174.]
(2) In addition to the matters set out in section 33(2), the Minister may make permission regulations in relation to the submission of planning applications which are to be accompanied by F735[environmental impact assessment reports].
(3) F736[(a)(i) At the request of an applicant or of a person intending to apply for permission, the Board may take the action specified in subparagraph (ii) after having afforded the planning authority concerned an opportunity to furnish observations on the request and where the Board is satisfied that—
(I) exceptional circumstances so warrant,
(II) the application of the requirement to prepare an environmental impact assessment report would adversely affect the purpose of the proposed development, and
(III) the objectives of the Environmental Impact Assessment Directive are otherwise met.
(ii) Subject to subparagraph (iii), the Board may grant in respect of the proposed development an exemption from a requirement of or under regulations under this section to prepare an environmental impact assessment report.
(iii) No exemption may be granted under subparagraph (ii) in respect of the proposed development if another Member State of the European Union or other state party to the Transboundary Convention, having been informed about the proposed development and its likely significant effects on the environment in that State or state, as the case may be, has indicated that it intends to furnish views on those effects.]
F737[(b) The Board shall, in granting an exemption under paragraph (a), —
(i) consider whether the effects, if any, of the proposed development on the environment should be assessed in some other form, and
(ii) make available to members of the public the information relating to the exemption decision referred to under paragraph (a), the reasons for granting such exemption and the information obtained under any other form of assessment referred to in subparagraph (i),
and the Board may apply such requirements regarding these matters in relation to the application for permission as it considers necessary or appropriate.]
(c) The Board shall, as soon as may be, notify the planning authority concerned of the Board’s decision on any request made under paragraph (a), and of any requirements applied under paragraph (b).
(d) Notice of any exemption granted under paragraph (a), of the reasons for granting the exemption, and of any requirements applied under paragraph (b) shall, as soon as may be—
(i) be published in Iris Oifigiúil and in at least one daily newspaper published in the State,
(ii) be given, together with a copy of the information, if any, made available to the members of the public in accordance with paragraph (b), to the Commission of the European Communities.
(4) (a) A person who makes a request to the Board for an exemption under subsection (3) shall, as soon as may be, inform the planning authority concerned of the making of the request and the date on which it was made.
(b) Notwithstanding subsection (8) of section 34, the period for making a decision referred to in that subsection shall not, in a case in which a request is made to the Board under subsection (3) of this section, include the period beginning on the day of the making of the request and ending on the day of receipt by the planning authority concerned of notice of the Board’s decision on the request.
(5) In addition to the matters provided for under Part VI, Chapter III, the Minister may prescribe additional requirements in relation to the submission of appeals to the Board which are to be accompanied by F738[environmental impact assessment reports].
Annotations
Amendments:
F714
Substituted (19.08.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 54, S.I. No. 405 of 2010.
F715
Substituted (26.11.2014) by European Union (Environmental Impact Assessment) (Planning and Development) Regulations 2014 (S.I. No. 543 of 2014), reg. 2.
F716
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 17(a)(i)(I), in effect as per reg. 2(1).
F717
Inserted (25.01.2019) by European Union (Environmental Impact Assessment) (Peat Extraction) Regulations 2019 (S.I. No. 4 of 2019), reg. 10, in effect as per reg. 1(2).
F718
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 17(a)(i)(II), in effect as per reg. 2(1).
F719
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 17(a)(ii), in effect as per reg. 2(1).
F720
Substituted (8.10.2018) by European Union (Planning and Development) (Environmental Impact Assessment) (No. 2) Regulations 2018 (S.I. No. 404 of 2018), reg. 2.
F721
Substituted (21.09.2011) by European Union (Environmental Impact Assessment and Habitats) Regulations 2011 (S.I. No. 473 of 2011), reg. 6.
F722
Deleted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 27, S.I. No. 488 of 2022.
F723
Inserted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 27, S.I. No. 488 of 2022.
F724
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 17(b), in effect as per reg. 2(1).
F725
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 36 and sch. 1 table ref. no. 37, in effect as per reg. 2(1).
F726
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 36 and sch. 1 table ref. no. 38, in effect as per reg. 2(1).
F727
Inserted (31.10.2012) by European Union (Environmental Impact Assessment) (Planning and Development Act, 2000) Regulations 2012 (S.I. No. 419 of 2012), reg. 2(c).
F728
Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 17(c), in effect as per reg. 2(1).
F729
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 36 and sch. 1 table ref. no. 39, in effect as per reg. 2(1).
F730
Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 17(d), in effect as per reg. 2(1).
F731
Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 17(e), in effect as per reg. 2(1).
F732
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 17(f), in effect as per reg. 2(1).
F733
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 17(g)(i), in effect as per reg. 2(1).
F734
Deleted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 17(g)(ii), in effect as per reg. 2(1).
F735
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 36 and sch. 1 table ref. no. 40, in effect as per reg. 2(1).
F736
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 17(h), in effect as per reg. 2(1).
F737
Substituted (19.12.2006) by European Communities (Environmental Impact Assessment) (Amendment) Regulations 2006 (S.I. No. 659 of 2006), reg. 4, subject to transitional provision in reg. 2.
F738
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 36 and sch. 1 table ref. no. 41, in effect as per reg. 2(1).
Modifications (not altering text):
C127
Transitional arrangements provided (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 3(1)(a), in effect as per reg. 2(1).
Transitional arrangements
3. (1) Subject to paragraph (3), the Act of 2000 and the Regulations of 2001, as in force immediately before 1 September 2018, shall continue to apply to development or proposed development, as the case may be, in the following cases:
(a) in respect of a determination under section 172(1)(b) of the Act of 2000, as so in force, as to whether such development has or would be likely to have significant effects on the environment, the planning authority or the Board, as the case may be, has, before 16 May 2017, initiated making such determination;
…
(d) an application for consent for proposed development referred to in section 172 of the Act of 2000, as so in force, accompanied by an environmental impact statement, has been made, before 16 May 2017, relating to such development.
(2) Section 2 of the Act of 2000, as in force immediately before 1 September 2018, shall apply to the interpretation of this Regulation as that section applies to the interpretation of that Act.
(3) The Act of 2000 and the Regulations of 2001, as in force on or after 1 September 2018, shall not apply to a case referred to in paragraph (1) unless otherwise specified in a provision of that Act or those Regulations, as the case may be.
(4) In this Regulation—
“Act of 2000” means the Planning and Development Act 2000 (No. 30 of 2000);
“Regulations of 2001” means the Planning and Development Regulations 2001 (S.I. No. 600 of 2001).
C128
Subs. (1A) construed during specified period (3.07.2017 to 31.12.2019) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 20, S.I. No. 270 of 2017.
Definitions (Chapter 1)
3. In this Chapter— …
“specified period” means—
(a) the period from the commencement of this provision until 31 December 2019, and
(b) any additional period as may be provided for by the Minister by order under section 4(2);
…
Construction of section 172 (requirement for environmental impact statement) of Act of 2000 during specified period
20. Subsection (1A) of section 172 of the Act of 2000 has effect during the specified period as if in paragraph (a)(i) there were inserted the following after clause (III):
“(IIIA) development to which Chapter 1 of Part 2 of the Planning and Development (Housing) and Residential Tenancies Act 2016 relates;”.
Editorial Notes:
E327
Power pursuant to subs. (5)(b) exercised (17.08.2022) by Planning and Development (Amendment) Regulations 2022 (S.I. No. 419 of 2022).
E328
Power pursuant to section exercised (21.09.2011) by Planning and Development (Amendment) (No. 3) Regulations 2011 (S.I. No. 476 of 2011).
E329
Power pursuant to section exercised (21.01.2001 and 11.03.2001) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001).
E330
Previous affecting provision: subs. (1) amended (21.09.2011) by European Union (Environmental Impact Assessment and Habitats) Regulations 2011 (S.I. No. 473 of 2011), reg. 6 and (15.11.2011) by European Union (Environmental Impact Assessment and Habitats) (No. 2) Regulations 2011 (S.I. No. 584 of 2011), reg. 5; subs. (1) substituted as per F-note above.
E331
Previous affecting provision: subss. (1)(a) and (b) substituted (21.09.2011) by European Union (Environmental Impact Assessment and Habitats) Regulations 2011 (S.I. No. 473 of 2011), reg. 5; superseded as per F-note above.
E332
Previous affecting provision: subss. (1A)(a)(i)(III), (b)(iv) and (1B) substituted (19.08.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 54, S.I. No. 405 of 2010; substituted as per F-note above.
E333
Previous affecting provision: subs. (1B) amended (21.09.2011) by European Union (Environmental Impact Assessment and Habitats) Regulations 2011 (S.I. No. 473 of 2011), reg. 6, substituted as per F-note above.
F739[
EIA portal
172A. The Minister shall provide, operate and maintain a website—
(a) to which the public has access,
(b) which contains summary information on applications and notifications of the intention to lodge applications for development consent subject to assessment under the Environmental Impact Assessment Directive or this Act, or both that Directive and this Act, as appropriate, and
(c) for the purpose of providing a point of access to the applications referred to in paragraph (b) and associated information, assessments and decisions held by the authorities to which the applications have been or are to be made.]
Annotations
Amendments:
F739
Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Assessment Impact) Regulations 2018 (S.I. No. 296 of 2018), reg. 18, in effect as per reg. 2(1).
F740[
Provision of information by applicants to EIA portal
172B.(1) Subject to subsection (2), an applicant for consent for proposed development shall, within the period of 2 weeks before—
(a) the making of an application for such consent which is to be accompanied by an environmental impact assessment report, or
(b) the submission of an environmental impact assessment report when required by the planning authority or the Board, as the case may be, to do so,
provide the prescribed information in electronic form to the EIA portal in the manner set out on the portal.
(2) Where it is provided for in national legislation that a person other than the applicant for consent for proposed development shall provide information to the EIA portal, that person shall, not later than public notification of a proposed development which is to be accompanied by an environmental impact assessment report, provide the prescribed information in electronic form to the EIA portal in the manner set out on the portal.]
Annotations
Amendments:
F740
Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Assessment Impact) Regulations 2018 (S.I. No. 296 of 2018), reg. 18, in effect as per reg. 2(1).
F741[
Response of Minister on submission of information to EIA portal
172C. On receipt of information pursuant to section 172B, or in respect of any other proposed application or application for development consent for projects likely to have significant effects on the environment, the Minister shall, within 3 working days, respond to the applicant in the prescribed manner.]
Annotations
Amendments:
F741
Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Assessment Impact) Regulations 2018 (S.I. No. 296 of 2018), reg. 18, in effect as per reg. 2(1).
Permission for development requiring environmental impact assessment.
173.—(1) In addition to the requirements of section 34(3) F742[or Chapter III of Part XXI], where an application in respect of which an F743[environmental impact assessment report was submitted] to the planning authority in accordance with section 172, the planning authority, and the Board on appeal, shall have regard to the F744[report, any supplementary information furnished relating to the report] and any submissions or observations furnished concerning the effects on the environment of the proposed development.
F745[F746[(2) (a)(i) Subparagraph (ii) applies where an applicant or a person intending to apply for permission requests the planning authority concerned to give him or her a written opinion on the scope and level of detail of the information required to be included in an environmental impact assessment report.
(ii) Subject to subparagraph (iii), the planning authority shall, taking into account the information provided by the applicant or person referred to in subparagraph (i), as the case may be, in particular on the specific characteristics of the proposed development, including its location and technical capacity, and its likely impact on the environment, give a written opinion on the scope and level of detail of the information to be included in an environmental impact assessment report, subject to—
(I) consultation with the Board to be carried out by the planning authority in relation to such opinion, and
(II) any prescribed consultations to be carried out by the planning authority in relation to such opinion.
(iii) The planning authority shall, in the case of the person referred to in subparagraph (i), give the written opinion before the submission by that person of an application for the grant of planning permission.]
F747[(aa) Where an opinion referred to in paragraph (a) has been provided, the environmental impact assessment report shall be based on that opinion, and include the information that may reasonably be required for reaching a reasoned conclusion on the significant effects on the environment of the proposed development, taking into account current knowledge and methods of assessment.]
(b) The giving of a written opinion in accordance with paragraph (a) shall not prejudice the exercise by the planning authority concerned or the Board of its powers under this Act, or any regulations made thereunder, to require the person who made the request to submit further information regarding the application concerned or, as the case may be, any appeal.
(c) The Minister may, by regulations, provide for additional, incidental, consequential or supplementary matters as regards procedures in respect of the provision of a written opinion under paragraph (a).]
F748[(3) (a)(i) Subparagraph (ii) applies where a person required by or under this Act to submit an environmental impact assessment report to the Board requests the Board to give him or her a written opinion on the scope and level of detail of the information required to be included in the report.
(ii) Subject to subparagraph (iii), the Board shall, taking into account the information provided by the person referred to in subparagraph (i), in particular on the specific characteristics of the proposed development, including its location and technical capacity, and its likely impact on the environment, give a written opinion on the scope and level of detail of the information to be included in the environmental impact assessment report, subject to any prescribed consultations to be carried out by the Board in relation to such opinion.
(iii) The Board shall give the written opinion before the submission by the person referred to in subparagraph (i) of the environmental impact assessment report.]
F749[(aa) Where an opinion referred to in paragraph (a) has been provided, the environmental impact assessment report shall be based on that opinion, and include the information that may reasonably be required for reaching a reasoned conclusion on the significant effects on the environment of the proposed development, taking into account current knowledge and methods of assessment.]
(b) The giving of a written opinion in accordance with paragraph (a) shall not prejudice the exercise by the Board of its powers pursuant to this Act or any regulations under this Act, to require the applicant to submit specified information in relation to any appeal to which the F750[environmental impact assessment report] relates.
(c) The Minister may make regulations in relation to the making of a request or providing an opinion to which this subsection relates.
Annotations
Amendments:
F742
Inserted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 28, S.I. No. 488 of 2022.
F743
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 36 and sch. 1 table ref. no. 42, in effect as per reg. 2(1).
F744
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 36 and sch. 1 table ref. no. 43, in effect as per reg. 2(1).
F745
Substituted (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 32, S.I. No. 684 of 2006.
F746
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 19(a), in effect as per reg. 2(1).
F747
Inserted (1.09.2018) by European Union (Planning and Planning) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 19(a), in effect as per reg. 2(1).
F748
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 19(b), in effect as per reg. 2(1).
F749
Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 19(b), in effect as per reg. 2(1).
F750
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 36 and sch. 1 table ref. no. 44, in effect as per reg. 2(1).
Modifications (not altering text):
C129
Note transitional arrangements provided (21.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 3(1)(b)(i), in effect as per reg. 2(1).
Transitional arrangements
3. (1) Subject to paragraph (3), the Act of 2000 and the Regulations of 2001, as in force immediately before 1 September 2018, shall continue to apply to development or proposed development, as the case may be, in the following cases:
…
(b) a request has been made, before 16 May 2017—
(i) under section 37D (1), 173(2)(a) or (3)(a), 181C(3)(b) or 182E(3) of the Act of 2000, as so in force, for an opinion to be given or provided by the planning authority or the Board, as the case may be, on the information required to be contained in an environmental impact statement relating to such development, or
…
(2) Section 2 of the Act of 2000, as in force immediately before 1 September 2018, shall apply to the interpretation of this Regulation as that section applies to the interpretation of that Act.
(3) The Act of 2000 and the Regulations of 2001, as in force on or after 1 September 2018, shall not apply to a case referred to in paragraph (1) unless otherwise specified in a provision of that Act or those Regulations, as the case may be.
(4) In this Regulation—
“Act of 2000” means the Planning and Development Act 2000 (No. 30 of 2000);
“Regulations of 2001” means the Planning and Development Regulations 2001 (S.I. No. 600 of 2001).
Editorial Notes:
E334
Power pursuant to subs. (3)(c) exercised (8.12.2022) by Planning and Development (Amendment) (No. 3) Regulations 2022 (S.I. No. 647 of 2022).
E335
Power pursuant to section exercised (21.12.2006) by Planning and Development Regulations 2006 (S.I. No. 685 of 2006).
E336
Power pursuant to section exercised (21.01.2001 and 11.03.2001) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001).
F751[
Environmental impact assessment and integrated pollution prevention and control licences.
173A. (1) In this section—
“Act of 1992” means the Environmental Protection Agency Act 1992;
“activity” shall have the meaning assigned to it by section 3 of the Act of 1992;
“application for a licence” means, in relation to F752[a licence] under Part IV of the Act of 1992, an application made to the Environmental Protection Agency—
(a) for such a licence under section 83 of the Act of 1992, or
(b) by the licensee under section 90(1)(b) of the Act of 1992 for a review of such a licence or a revised licence;
F753[“application for permission” means—
(a) an application for permission for development under Part III,
(b) an application for permission for development under section 291,
(c) an application for approval for development under section 175, 177AE, F754[181(2A),] 181A, 182A, 182C or 226,
(d) an application for substitute consent under section 177E, or
(e) a request under section 297;]
F753[“grant of permission” means—
(a) a grant of permission for development under Part III,
(b) a grant of permission for development under section 293,
(c) an approval for development under section 175, 177AE, 181B, 182D or 226,
(d) a grant of substitute consent under section 177K, or
(e) a decision under section 299 consisting of the grant of an alteration of the terms of a permission for development.]
(2) Where a planning authority or the Board is considering an application for permission and is requested by the applicant for a grant of permission F754[or, in the case of an application for approval under section 181(2A), the applicant for a licence under Part IV of the Act of 1992 in respect of an activity to which the application for approval relates,] to confirm in writing that the development the subject of the application for permission relates to an activity in respect of which F752[a licence] under Part IV of the Act of 1992 is required, the planning authority or the Board shall, as soon as possible, confirm in writing that the development the subject of the application for permission so relates to the activity.
(3) Where a request is made by an applicant under subsection (2) and the application for permission concerned was not accompanied by an F755[environmental impact assessment report and the planning authority or the Board did not require the submission of an environmental impact assessment report], the planning authority or the Board shall on a request in that behalf made to it by the applicant, also provide written confirmation to the applicant that an environmental impact assessment in respect of the development concerned is not required by or under this Act F754[or was exempted, in accordance with this Act, from being so required].
F754[(3A) Where a grant of permission has been issued, or an order under section 181(2)(a) has been made, in respect of a proposed development comprising or for the purposes of an activity in respect of which a licence under Part IV of the Act of 1992 is required, and the application for permission in respect of the development was not accompanied by an environmental impact assessment report and the planning authority or the Board did not require the submission of an environmental impact assessment report, the planning authority or the Board shall, on a request in that behalf made to it by –
(a) the applicant for the grant of permission, or
(b) in a case where an order has been made under section 181(2)(a), the applicant for the licence under Part IV of the Act of 1992 in respect of the activity concerned,
also provide written confirmation to the applicant concerned that an environmental impact assessment in respect of the development is not required by or under this Act, or was exempted, in accordance with this Act, from being so required.]
F752[(4) Where a planning authority or the Board receives a notice and request from the Environmental Protection Agency under section 87(1D)(a) or 87(1E)(a) of the Act of 1992, the planning authority or Board shall – (a) comply with the request within the period specified in the request, and (b) enter into consultations, as referred to in section 87(1D)(c) or 87(1E)(c), as the case may be, with the Environmental Protection Agency.]
(5) Where a planning authority or the Board is considering an application for permission in respect of development—
(a) of a class prescribed by regulations under section 176 that does not exceed a quantity, area or limit prescribed under those regulations,
(b) in respect of which the planning authority or the Board is obliged under this Act to make a determination whether an environmental impact assessment is required, and
(c) in respect of which application for permission the planning authority or the Board consider F752[a licence] under Part IV of the Act of 1992 is required,
the planning authority or the Board shall request observations from the Agency to assist the planning authority or the Board in its deliberations in relation to the determination referred to in paragraph (b) and shall take into account any such observations when making that determination.
(6) Where a person makes an application for permission in respect of development under this Act and has made, intends to make or is considering making an application for F752[a licence under Part IV] under Part IV of the Act of 1992 in respect of an activity relating to that development, the person shall so notify the planning authority or the Board when making the application for permission.]
F756[(7) Where a planning authority receives a notification from the Environmental Protection Agency that it has received an application for a licence to which section 87(1I) of the Act of 1992 applies, the planning authority shall—
(a) within 4 weeks of the date of receipt of the notification from the Environmental Protection Agency, respond to the Agency, forwarding any observations that it has in relation to the application for a licence including any observations on the F757[environmental impact assessment report], and
(b) enter into consultations with the Environmental Protection Agency, as the Agency considers appropriate, in relation to any environmental impacts of the proposed activity to which the application for a licence relates.]
Annotations
Amendments:
F751
Inserted (30.09.2012) by European Union (Environmental Impact Assessment) (Integrated Pollution Prevention and Control) Regulations 2012 (S.I. No. 282 of 2012), reg. 8.
F752
Substituted (20.12.2022) by European Union (Planning and Development) (Habitats and Environmental Impact Assessment) Regulations 2022 (S.I. No. 708 of 2022), reg. 3(a)(i), (b)(ii), (e)-(g).
F753
Substituted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 29, S.I. No. 488 of 2022.
F754
Inserted (20.12.2022) by European Union (Planning and Development) (Habitats and Environmental Impact Assessment) Regulations 2022 (S.I. No. 708 of 2022), reg. 3(a)(ii), (b)(i), (c), (d).
F755
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 36 and sch. 1 table ref. no. 45, in effect as per reg. 2(1).
F756
Inserted (15.11.2012) by European Union (Environmental Impact Assessment) (Integrated Pollution Prevention and Control) (No. 2) Regulations 2012 (S.I. No. 457 of 2012), reg. 6.
F757
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 36 and sch. 1 table ref. no. 46, in effect as per reg. 2(1).
F758[
Environmental impact assessment and waste licences.
173B. (1) In this section—
“Act of 1996” means the Waste Management Act 1996;
“activity” shall be construed in accordance with section 4 of the Act of 1996;
“application for a licence” means, in relation to a waste licence under Part V of the Act of 1996, an application made to the Environmental Protection Agency—
(a) for such a licence under section 40 of the Act of 1996, or
(b) by the holder of the licence, for a review of a waste licence under section 46 of the Act of 1996;
F759[“application for permission” means—
(a) an application for permission for development under Part III,
(b) an application for permission for development under section 291,
(c) an application for approval for development under section 175, 177AE, 181A, 182A, 182C or 226,
(d) an application for substitute consent under section 177E, or
(e) a request under section 297;
“grant of permission” means—
(a) a grant of permission for development under Part III,
(b) a grant of permission for development under section 293,
(c) an approval for development under section 175, 177AE, 181B, 182D, or 226,
(d) a grant of substitute consent under section 177K, or
(e) a decision under section 299 consisting of the grant of an alteration of the terms of a permission for development;]
(2) Where a planning authority or the Board is considering an application for permission and is requested by the applicant for a grant of permission to confirm in writing that the development the subject of the application for permission relates to an activity in respect of which a waste licence under Part V of the Act of 1996 is required, the planning authority or the Board shall, as soon as possible, confirm in writing that the development the subject of the application for permission so relates to the activity.
(3) Where a request is made by an applicant under subsection (2) and the application for permission concerned was not accompanied by an F760[environmental impact assessment report and the planning authority or the Board did not require the submission of an environmental impact assessment report], the planning authority or the Board shall on a request in that behalf made to it by the applicant, also provide written confirmation to the applicant that an environmental impact assessment in respect of the development concerned is not required by or under this Act.
(4) Where a grant of permission has been issued for a development comprising or for the purposes of an activity in respect of which a waste licence under Part V of the Act of 1996 is required and the relevant planning authority or the Board is requested by the Environmental Protection Agency, in connection with an application for a licence, to—
(a) state whether the activity to which the application for a licence relates is permitted by the grant of permission that has been issued, and
(b) furnish a copy of all documents relating to the environmental impact assessment carried out in respect of the proposed development, and
(c) furnish any observations it has in relation to the application for a licence,
the planning authority or the Board shall comply with the request within the period specified in the request by the Environmental Protection Agency.
(5) Where a planning authority or the Board is considering an application for permission in respect of development—
(a) of a class prescribed by regulations under section 176 that does not exceed a quantity, area or limit prescribed under those regulations,
(b) in respect of which the planning authority or the Board is obliged under this Act to make a determination whether an environmental impact assessment is required, and
(c) in respect of which application for permission the planning authority or the Board consider a waste licence under Part V of the Act of 1996 is required,
the planning authority or the Board shall request observations from the Agency to assist the planning authority or the Board in its deliberations in relation to the determination referred to in paragraph (b) and shall take into account any such observations when making that determination.
(6) Where a person makes an application for permission in respect of development under this Act and has made, intends to make or is considering making an application for a waste licence under Part V of the Act of 1996 in respect of an activity relating to that development, the person shall so notify the planning authority or the Board when making the application for permission.
F761[(7) Where a planning authority receives a notification from the Environmental Protection Agency that it has received an application for a licence to which section 42(1I) of the Act of 1996 applies, the planning authority shall—
(a) within 4 weeks of the date of receipt of the notification from the Environmental Protection Agency, respond to the Agency, forwarding any observations that it has in relation to the application for a licence including any observations on the F762[environmental impact assessment report], and
(b) enter into consultations with the Environmental Protection Agency, as the Agency considers appropriate, in relation to any environmental impacts of the proposed activity to which the application for a licence relates.]]
Annotations
Amendments:
F758
Inserted (30.09.2012) by European Union (Environmental Impact Assessment) (Waste) Regulations 2012 (S.I. No. 283 of 2012), reg. 10.
F759
Substituted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 30, S.I. No. 488 of 2022.
F760
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 36 and sch. 1 table ref. no. 47, in effect as per reg. 2(1).
F761
Inserted (26.11.2013) by European Union (Environmental Impact Assessment) (Waste) Regulations 2013 (S.I. No. 505 of 2013), reg. 6.
F762
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 36 and sch. 1 table ref. no. 48, in effect as per reg. 2(1).
F763[
Environmental impact assessment relating to waste water discharges
173C. (1) Where a planning authority or the Board is considering an application for permission referred to in subparagraph (a) of paragraph (3A) (inserted by subparagraph (b) of Regulation 16 of the Regulations of 2020) of Regulation 16 of the Regulations of 2007, it shall, upon the request in writing of the person who made the application and not later than 3 working days from the date of the request, provide that person with –
(a) the confirmation first-mentioned in the said subparagraph (a), and
(b) in circumstances where an environmental impact assessment in relation to the application is not required, the confirmation referred to in clause (ii) of the said subparagraph (a).
(2) Where a planning authority or the Board grants a permission referred to in subparagraph (b) of paragraph (3A) of Regulation 16 of the Regulations of 2007 but did not require an environmental impact assessment in relation to the application for that permission, it shall, upon the request in writing of the person to whom the permission was granted and not later than 3 working days from the date of the request, provide that person with the confirmation referred to in clause (ii) of the said subparagraph (b).
(3) (a) A planning authority shall comply with a request under subparagraph (a) of paragraph (6) (inserted by Regulation 22 of the Regulations of 2020) of Regulation 21 of the Regulations of 2007 within the period second-mentioned in that subparagraph.
(b) The Board shall comply with a request under subparagraph (a) of paragraph (6) of Regulation 21 of the Regulations of 2007 within the period second-mentioned in that subparagraph.
(4) (a) A planning authority shall comply with a request under subparagraph (a) of paragraph (7) of Regulation 21 of the Regulations of 2007 within the period second-mentioned in that subparagraph.
(b) The Board shall comply with a request under subparagraph (a) of paragraph (7) of Regulation 21 of the Regulations of 2007 within the period second-mentioned in that subparagraph.
(5) (a) A planning authority shall comply with a request under subparagraph (a) of paragraph (8) of Regulation 21 of the Regulations of 2007 within the period specified in that subparagraph.
(b) The Board shall comply with a request under subparagraph (a) of paragraph (8) of Regulation 21 of the Regulations of 2007 within the period specified in that subparagraph.
(6) Where a planning authority or the Board is considering an application for permission referred to in subparagraph (a) of paragraph (1) (inserted by Regulation 26 of the Regulations of 2020) of Regulation 24A of the Regulations of 2007, it shall, upon the request in writing of the person who made the application and not later than 3 working days from the date of the request, provide that person with –
(a) the confirmation first-mentioned in the said subparagraph (a), and
(b) in circumstances where an environmental impact assessment in relation to the application is not required, the confirmation second-mentioned in that subparagraph.
(7) Where a planning authority or the Board grants a permission referred to in subparagraph (b) of paragraph (1) of Regulation 24A of the Regulations of 2007 but did not require an environmental impact assessment in relation to the application for that permission, it shall, upon the request in writing of the person to whom the permission was granted and not later than 3 working days from the date of the request, provide that person with the confirmation referred to in that subparagraph.
(8) Where a planning authority or the Board is considering an application for permission in respect of development –
(a) belonging to a class specified in Part 2 of Schedule 5 of the Planning and Development Regulations 2001, and
(b) that in its opinion requires an authorisation under the Regulations of 2007,
it shall, for the purpose of making a determination as to whether or not an environmental impact assessment in relation to the application is required, invite the Environmental Protection Agency to make observations within such period as may be specified by the planning authority or the Board, as may be appropriate, in relation to the application, and the planning authority or the Board, as may be appropriate, shall take account of any such observations when making that determination.
(9) A person who –
(a) makes an application for permission to a planning authority or the Board, and
(b) has made an application, or proposes to make an application, to the Agency for –
(i) a licence or review of a licence, or
(ii) a certificate or review of a certificate,
under the Regulations of 2007 in connection with the application referred to in paragraph (a),
shall, when making the application referred to in paragraph (a), inform the planning authority concerned or the Board, as may be appropriate, in writing of his or her having so made the application referred to in paragraph (b) or his or her proposal to make such an application, as the case may be.
(10) In this section –
F764[“permission” means—
(a) permission for development under Part III,
(b) permission for development under section 293,
(c) approval for development under section 175, 177AE, 181B, 182D or 226,
(d) substitute consent under section 177K, or
(e) the alteration of the terms of a permission for development in accordance with a decision under section 297;]
“Regulations of 2007” means the Waste Water Discharge (Authorisation) Regulations 2007 (S.I. No. 684 of 2007);
“Regulations of 2020” means the European Union (Waste Water Discharge) Regulations 2020.]
Annotations
Amendments:
F763
Inserted (30.06.2020) by European Union (Waste Water Discharge) Regulations 2020 (S.I. No. 214 of 2020), reg. 5, in effect as per reg. 2.
F764
Substituted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 31, S.I. No. 488 of 2022.
F765[Environmental impact assessment relating to abstractions
173D. …]
Annotations:
Amendments:
F765
Inserted by Water Environment (Abstrations and Associated Impoundments) Act 2022 (48/2022), s. 116(f), not commenced as of date of revision.
Modifications (not altering text):
C130
Prospective affecting provision: section inserted by Water Environment (Abstrations and Associated Impoundments) Act 2022 (48/2022), s. 116(f), not commenced as of date of revision.
F765[173D. (1) Where a planning authority or the Board is considering an application for permission referred to in subsection (2)(a) of section 25 of the Act of 2022, it shall, upon the request in writing of the person who made the application and not later than 3 working days from the date of the request, provide that person with—
(a) the confirmation first-mentioned in the said subsection (2)(a), and
(b) in circumstances where an environmental impact assessment is not required, the confirmation referred to in subparagraph (ii) of the said subsection (2)(a).
(2) Where a planning authority or the Board grants a permission referred to in subsection (2)(b) of section 25 of the Act of 2022 but did not require an environmental impact assessment in relation to the application for that permission, it shall, upon the request in writing of the person to whom the permission was granted, provide that person with the confirmation referred to in subparagraph (ii) of the said subsection (2)(b).
(3) A planning authority or the Board, as may be appropriate, shall comply with a request of the Environmental Protection Agency under subsection (4)(a) of section 25 of the Act of 2022 within 4 weeks of receipt of the request.
(4) A planning authority or the Board, as may be appropriate, shall comply with a request of the Environmental Protection Agency under subsection (5)(a) of section 25 of the Act of 2022 within 4 weeks of receipt of the request.
(5) A planning authority shall comply with a request of the Environmental Protection Agency under subsection (8)(a) of section 25 of the Act of 2022 within 4 weeks of receipt of the request.
(6) Where a planning authority or the Board is considering an application for permission in respect of development—
(a) belonging to a class specified in Part 2 of Schedule 5 of the Planning and Development Regulations 2001, and
(b) that in its opinion requires an abstraction licence,
it shall, for the purpose of making a determination as to whether or not an environmental impact assessment is required, invite the Environmental Protection Agency to make observations within such period as may be specified by the planning authority or the Board, as may be appropriate, in relation to the application, and the planning authority or the Board, as may be appropriate, shall take account of any such observations when making that determination.
(7) A person who—
(a) makes an application for permission to a planning authority or the Board, and
(b) has made an application, or proposes to make an application, for an abstraction licence in connection with an application referred to in paragraph (a),
shall, when making the application referred to in paragraph (a), inform the planning authority concerned or the Board, as may be appropriate, in writing of his or her having so made the application referred to in paragraph (b) or his or her proposal to make such an application, as the case may be.
(8) In this section—
“permission” means—
(a) permission under Part III,
(b) approval for development under section 175, 177AE, 181(2L), 181B, 182B, 182D or 226, or
(c) substitute consent under section 177K.]
Transboundary environmental impacts.
174.—(1) (a) The Minister may make regulations in respect of applications for development which require the submission of an F766[environmental impact assessment report], where the planning authority F767[, or the Board in dealing with any application or appeal,] is aware that the development is likely to have significant effects on the environment in another Member State of the European Communities or a state which is a party to the Transboundary Convention or where the other State concerned considers that the development would be likely to have such effects.
(b) Without prejudice to the generality of paragraph (a), regulations under this subsection may make provision for the following:
(i) the notification of the Minister regarding the application;
(ii) the submission of information to the Minister regarding the application;
(iii) the notification of the other State involved and the provision of information to that State;
(iv) the making of observations and submissions regarding the application from the other State involved and the entering into consultations with that State;
(v) the extension of time limits for the making of decisions under this Act.
(2) In addition to the requirements of F768[sections 34(3), 37G(2), 37N(2), 146C(6), 173(1), F769[181(2H),] 181B(1), F770[182B(1), 182D(1), 282(2), 293(2) and 297]], the planning authority or the Board, as the case may be, shall have regard, where appropriate, to the views of any Member State of the European Communities or other party to the Transboundary Convention in relation to the effects on the environment of the proposed development.
(3) Notwithstanding any other provisions of this Act, a planning authority or the Board, as the case may be, may, following the consideration of any submissions or observations received or any consultations entered into by a planning authority or the Board, impose conditions on a F767[grant of permission or approval] in order to reduce or eliminate potential transboundary effects of any proposed development.
F771[(4) In any case where—
(a) notification has been received from another Member State of the European Communities or other party to the Transboundary Convention, in respect of any development, or
(b) a planning authority or a State authority requests, or in any other case where the Minister otherwise decides,
the Minister may request another Member State of the European Communities or other party to the Transboundary Convention to forward information in respect of any development F772[which is subject to the Environmental Impact Assessment Directive or Transboundary Convention] and which is likely to have significant environmental effects in Ireland F773[(including the maritime area)].]
(5) (a) The Minister or a State authority or planning authority having consulted with the Minister, may decide to forward submissions or observations to, or enter into discussions with, the other state involved in respect of the development referred to in subsection (4) regarding the potential transboundary effects of that development and the measures envisaged to reduce or eliminate those effects.
(b) The Minister may make regulations regarding the provision of public notification of any F774[environmental impact assessment report] or other information received by the Minister, State authority or planning authority under subsection (4), and the making of submissions or observations regarding the information.
(6) The Minister may enter into an agreement with any other Member State of the European Communities or other party to the Transboundary Convention regarding the detailed procedures to be followed in respect of consultations regarding proposed developments which are likely to have significant transboundary effects.
Annotations
Amendments:
F766
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 36 and sch. 1 table ref. no. 49, in effect as per reg. 2(1).
F767
Substituted (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 33, S.I. No. 684 of 2006.
F768
Substituted (14.07.2015) by European Union (Environmental Impact Assessment and Habitats) Regulations 2015 (S.I. No. 301 of 2015), reg. 8.
F769
Inserted (6.08.2019) by European Union (Environmental Impact Assessment and Habitats) (Section 181 of the Planning and Development Act 2000) Regulations 2019 (S.I. No. 418 of 2019). reg. 3.
F770
Substituted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 32, S.I. No. 488 of 2022.
F771
Substituted (19.12.2006) by European Communities (Environmental Impact Assessment) (Amendment) Regulations 2006 (S.I. No. 659 of 2006), reg. 5, subject to transitional provision in reg. 2.
F772
Substituted (19.08.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 55, S.I. No. 405 of 2010.
F773
Inserted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 32, S.I. No. 488 of 2022.
F774
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 36 and sch. 1 table item 50, in effect as per reg. 2(1).
Modifications (not altering text):
C131
Subs. (2) construed during specified period (3.07.2017 to 31.12.2019) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 21, S.I. No. 270 of 2017.
Definitions (Chapter 1)
3. In this Chapter— …
“specified period” means—
(a) the period from the commencement of this provision until 31 December 2019, and
(b) any additional period as may be provided for by the Minister by order under section 4(2);
…
Construction of section 174 (transboundary environmental impacts) of Act of 2000 during specified period
21. Section 174 of the Act of 2000 has effect during the specified period as if in subsection (2) “and section 9(1) of the Planning and Development (Housing) and Residential Tenancies Act 2016,” were inserted after “182D(1),”.
Editorial Notes:
E337
Power pursuant to section exercised (21.12.2006) by Planning and Development Regulations 2006 (S.I. No. 685 of 2006).
E338
Power pursuant to section exercised (21.01.2001 and 11.03.2001) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001).
E339
Previous affecting provision: subs. (2) amended (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 33, S.I. No. 684 of 2006; substituted as per F-note above.
E340
Previous affecting provision: subs. (4) amended (19.12.2006) by European Communities (Environmental Impact Assessment) (Amendment) Regulations 2006 (S.I. No. 659 of 2006), reg. 5; substituted as per F-note above.
Environmental impact assessment of certain development carried out by or on behalf of local authorities.
175.—(1) Where development belonging to a class of development, identified for the purposes of section 176, is proposed to be carried out—
(a) by a local authority that is a planning authority, whether in its capacity as a planning authority or in any other capacity, or
(b) by some other person on behalf of, or jointly or in partnership with, such a local authority, pursuant to a contract entered into by that local authority whether in its capacity as a planning authority or in any other capacity,
within the functional area of the local authority concerned (hereafter in this section referred to as “proposed development”), the local authority shall prepare, or cause to be prepared, an F775[environmental impact assessment report] in respect thereof.
(2) Proposed development in respect of which an F776[environmental impact assessment report] has been prepared in accordance with subsection (1) shall not be carried out unless the Board has approved it with or without modifications.
F777[(3) Subject to subsection (3A), where an environmental impact assessment report has been prepared in accordance with subsection (1), the local authority shall apply to the Board for approval of the proposed development to which the report relates.]
F778[(3A) A local authority shall not be eligible to make an application under subsection (3) in relation to proposed development in the maritime area unless it—
(a) is the holder of a maritime area consent granted for the occupation of a maritime site for the purposes of the proposed development,
(b) is the owner of land on which it is proposed to carry out the development concerned, or
(c) makes the application with the consent, or on behalf, of the owner of land on which it is proposed to carry out the development concerned.
(3B) The Board shall neither consider an application under subsection (3) in relation to proposed development in the maritime area nor grant approval for such development under subparagraph (i), (ii) or (iii) of paragraph (a) of subsection (9) unless the applicant for such approval—
(a) is the holder of a maritime area consent granted for the occupation of a maritime site for the purposes of the proposed development,
(b) is the owner of land on which it is proposed to carry out the development concerned, or
(c) makes the application with the consent, or on behalf, of the owner of land on which it is proposed to carry out the development concerned.]
(4) Before a local authority makes an application for approval under subsection (3), it shall—
(a) publish in one or more newspapers circulating in the area in which it is proposed to carry out the development a notice indicating the nature and location of the proposed development and—
(i) stating that—
(I) it proposes to seek the approval of the Board for the proposed development,
(II) an F779[environmental impact assessment report] has been prepared in respect of the proposed development,
F780[(III) it is notifying a Member State of the European Communities or any other party to the Transboundary Convention of its opinion that the proposed development to which the application for approval to An Bord Pleanála relates would be likely to have significant effects on the environment in that State,
(IV) the Board may give approval to the application for development with or without conditions or may refuse the application for development.]
(ii) specifying the times and places at which, and the period (not being less than 6 weeks) during which, a copy of the F781[environmental impact assessment report] may be inspected free of charge or purchased, and
(iii) inviting the making, during such period, of submissions and observations to the Board relating to—
(I) the implications of the proposed development for proper planning and sustainable development in the area concerned, and
(II) the likely effects on the environment of the proposed development,
if carried out,
F782[(iv) stating that a person may question the validity of a decision of the Board by way of an application for judicial review, under Order 84 of the Rules of the Superior Courts (S.I. No. 15 of 1986)
(v) stating where practical information on the review mechanism can be found.]
and
(b) send a copy of the application and the F783[environmental impact assessment report] to the prescribed authorities together with a notice stating that submissions or observations may, during the period referred to in paragraph (a)(ii), be made in writing to the Board in relation to—
(i) the likely effects on the environment of the proposed development, and
(ii) the implications of the proposed development for proper planning and sustainable development in the area concerned,
if carried out.
F784[(5)(a) The Board may—
(i) if it considers it necessary to do so, require a local authority that has applied for approval for a proposed development to furnish to the Board such further information in relation to—
(I) the effects on the environment of the proposed development, or
(II) the consequences for proper planning and sustainable development in the area in which it is proposed to situate the said development of such development,
as the Board may specify, or
(ii) if it is provisionally of the view that it would be appropriate to approve the proposed development were certain alterations (specified in the notification referred to in this subparagraph) to be made to the terms of it, notify the local authority that it is of that view and invite the authority to make to the terms of the proposed development alterations specified in the notification and, if the authority makes those alterations, to furnish to it such information (if any) as it may specify in relation to the development, in the terms as so altered, or, where necessary, a revised F785[environmental impact assessment report] in respect of it.
(b) If a local authority makes the alterations to the terms of the proposed development specified in a notification given to it under paragraph (a), the terms of the development as so altered shall be deemed to be the proposed development for the purposes of this section.
(c) The Board shall—
(i) where it considers that any further information received pursuant to a requirement made under paragraph (a)(i) contains significant additional data relating to—
(I) the likely effects on the environment of the proposed development, and
(II) the likely consequences for the proper planning and sustainable development in the area in which it is proposed to situate the said development of such development,
or
(ii) where the local authority has made the alterations to the terms of the proposed development specified in a notification given to it under paragraph (a)(ii),
require the local authority to do the things referred to in paragraph (d).
(d) The things which a local authority shall be required to do as aforesaid are—
(i) to publish in one or more newspapers circulating in the area in which the proposed development would be situate a notice stating that, as appropriate—
(I) further information in relation to the proposed development has been furnished to the Board, or
(II) the local authority has, pursuant to an invitation of the Board, made alterations to the terms of the proposed development (and the nature of those alterations shall be indicated) and, if it be the case, that information in relation to the terms of the development as so altered or a revised F786[environmental impact assessment report] in respect of the development has been furnished to the Board,
indicating the times at which, the period (which shall not be less than F787[5 weeks]) during which and the place, or places, where a copy of the information or the F788[environmental impact assessment report referred to] in clause (I) or (II) may be inspected free of charge or purchased and that submissions or observations in relation to that F789[information or report] may be made to the Board before the expiration of the indicated period, and
(ii) to send to each prescribed authority to which notice was given pursuant to subsection (4)(b)—
(I) a notice of the furnishing to the Board of, as appropriate, the further information referred to in subparagraph (i)(I) or the information or F790[report] referred to in subparagraph (i)(II), and
(II) a copy of that further information, information or F791[report],
and to indicate to the authority that submissions or observations in relation to that further information, information or F792[report may] be made to the Board before the expiration of a period (which shall not be less than F793[5 weeks]) beginning on the day on which the notice is sent to the prescribed authority by the local authority.]
(6) Before making a decision in respect of a proposed development under this section, the Board shall consider—
(a) F784[the F794[environmental impact assessment report] submitted pursuant to subsection (1) or (5)(a)(ii), any submission or observations made in accordance with subsection (4) or (5)] and any other information furnished in accordance with subsection (5) relating to—
(i) the likely effects on the environment of the proposed development, and
(ii) the likely consequences for proper planning and sustainable development in the area in which it is proposed to situate the said development of such development,
(b) the views of any other Member State of the European Communities or a state which is a party to the Transboundary Convention to which a copy of the F795[environmental impact assessment report] was sent, and
(c) the report and any recommendations of the person conducting a hearing referred to in subsection (7) where evidence is heard at such a hearing relating to—
(i) the likely effects on the environment of the proposed development, and
(ii) the likely consequences for proper planning and sustainable development in the area in which it is proposed to situate the said development of such development.
(7) The person conducting an oral hearing in relation to the compulsory purchase of land which relates wholly or partly to a proposed development under this section in respect of which a local authority has applied for approval shall be entitled to hear evidence relating to—
(a) the likely effects on the environment of the proposed development, and
(b) the likely consequences for proper planning and sustainable development in the area in which it is proposed to situate the said development of such development.
(8) F796[(a)(i) The Board may take the action specified in subparagraph (ii) where it is satisfied that—
(I) exceptional circumstances so warrant,
(II) the application of the requirement to prepare an environmental impact assessment report would adversely affect the purpose of the proposed development, and
(III) the objectives of the Environmental Impact Assessment Directive are otherwise met.
(ii) Subject to subparagraph (iii), the Board may grant in respect of the proposed development an exemption from a requirement under subsection (1) to prepare an environmental impact assessment report.
(iii) No exemption may be granted under subparagraph (ii) in respect of the proposed development if another Member State of the European Union or a state party to the Transboundary Convention, having been informed about the proposed development and its likely significant effects on the environment in that State or state, as the case may be, has indicated that it wishes to furnish views on those effects.]
F797[(b) The Board shall, in granting an exemption under paragraph (a), —
(i) consider whether the effects, if any, of the proposed development on the environment should be assessed in some other form, and
(ii) make available to members of the public the information relating to the exemption decision referred to under paragraph (a), the reasons for granting such exemption and the information obtained under any other form of assessment referred to in subparagraph (i),
and the Board may apply such requirements regarding these matters in relation to the application for approval as it considers necessary or appropriate.]
(c) Notice of any exemption granted under paragraph (a) of the reasons for granting the exemption, and of any requirements applied under paragraph (b) shall, as soon as may be—
(i) be published in Iris Oifigiúil and in at least one daily newspaper published in the State, and
(ii) be given, together with a copy of the information, if any, made available to the members of the public in accordance with paragraph (b), to the Commission of the European Communities.
F784[(9)(a) F798[The Board shall, in respect of an application for approval under this section of proposed development, make its decision within a reasonable period of time and may, in respect of such application]—
(i) approve the proposed development,
(ii) make such modifications to the proposed development as it specifies in the approval and approve the proposed development as so modified,
(iii) approve, in part only, the proposed development (with or without specified modifications of it of the foregoing kind), or
(iv) refuse to approve the proposed development,
and may attach to an approval under subparagraph (i), (ii) or (iii) such conditions as it considers appropriate.
(b) Without prejudice to the generality of the foregoing power to attach conditions, the Board may attach to an approval under paragraph (a)(i), (ii) or (iii) a condition requiring—
(i) the construction or the financing, in whole or in part, of the construction of a facility, or
(ii) the provision or the financing, in whole or in part, of the provision of a service,
in the area in which the proposed development would be situated, being a facility or service that, in the opinion of the Board, would constitute a substantial gain to the community.
(c) A condition attached pursuant to paragraph (b) shall not require such an amount of financial resources to be committed for the purposes of the condition being complied with as would substantially deprive the person in whose favour the approval operates of the benefits likely to accrue from the grant of the approval.
(9A)(a) The Board shall direct the payment of such sum as it considers reasonable by the local authority concerned to the Board towards the costs and expenses incurred by the Board in determining an application under this section for approval of a proposed development, including—
(i) the costs of holding any oral hearing in relation to the application,
(ii) the fees of any consultants or advisers engaged in the matter, and
(iii) an amount equal to such portion of the remuneration and any allowances for expenses paid to the members and employees of the Board as the Board determines to be attributable to the performance of duties by the members and employees in relation to the application,
and the local authority shall pay the sum.
(b) If a local authority fails to pay a sum directed to be paid under paragraph (a), the Board may recover the sum from the authority as a simple contract debt in any court of competent jurisdiction.]
(10)(a) Where an application under this section relates to proposed development which comprises or is for the purposes of an activity for which an integrated pollution control licence or a waste licence is required, the Board shall not, where it decides to approve the proposed development, subject that approval to conditions which are for the purposes of—
(i) controlling emissions from the operation of the activity, including the prevention, limitation, elimination, abatement or reduction of those emissions, or
(ii) controlling emissions related to or following the cessation of the operation of the activity.
(b) Where an application under this section relates to proposed development which comprises or is for the purposes of an activity for which an integrated pollution control licence or a waste licence is required, the Board may, in respect of any proposed development comprising or for the purposes of the activity, decide to refuse the proposed development, where the Board considers that the development, notwithstanding the licensing of the activity, is unacceptable on environmental grounds, having regard to the proper planning and sustainable development of the area in which the development is or will be situate.
(c) (i) Before making a decision in respect of proposed development comprising or for the purposes of an activity, the Board may request the Environmental Protection Agency to make observations within such period (which period shall not in any case be less than 3 weeks from the date of the request) as may be specified by the Board in relation to the proposed development.
(ii) When making its decision the Board shall have regard to the observations, if any, received from the Agency within the period specified under subparagraph (i).
(d) The Board may, at any time after the expiration of the period specified by the Board under paragraph (c)(i) for making observations, make its decision on the application.
(e) The making of observations by the Agency under this section shall not prejudice any other function of the Agency under F799[the Environmental Protection Agency Act, 1992].
(11) (a) The Minister may make regulations to provide for such matters of procedure and administration as appear to the Minister to be necessary or expedient in respect of applications for approval under this section.
(b) Without prejudice to the generality of paragraph (a), regulations under this subsection may make provision for—
(i) enabling a local authority to request the Board to give a written opinion on the information to be contained in an F800[environmental impact assessment report],
(ii) matters of procedure relating to the making of observations by the Environmental Protection Agency under this section and matters connected therewith,
(iii) the notification of another Member State of the European Communities or other parties to the Transboundary Convention in relation to proposed development, receiving observations and submissions from the State or party and entering into consultations with them, and
(iv) requiring the Board to give information in respect of its decision regarding the proposed development for which approval is sought.
(12) In considering under subsection (6) information furnished relating to the likely consequences for proper planning and sustainable development of a proposed development in the area in which it is proposed to situate such development, the Board shall have regard to—
F777[(a) in the case of an area other than a maritime site, the provisions of the development plan for the area,]
F778[(aa) in the case of a maritime site, the matters to which the Board is required to have regard under subsection (3) of section 293 when making a decision in relation to an application under section 291,]
(b) the provisions of any special amenity area order relating to the area,
(c) if the area or part of the area is a European site or an area prescribed for the purposes of section 10(2)(c), that fact,
(d) where relevant, the policies of the Government, the Minister or any other Minister of the Government, and
(e) the provisions of this Act and regulations under this Act where relevant.
(13) A person who contravenes a condition imposed by the Board under this section shall be guilty of an offence.
(14) This section shall not apply to proposed road development within the meaning of the Roads Act, 1993, by or on behalf of a road authority.
Annotations
Amendments:
F775
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 36 and sch. 1 table ref. no. 51, in effect as per reg. 2(1).
F776
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 36 and sch. 1 table ref. no. 52, in effect as per reg. 2(1).
F777
Substituted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 33, S.I. No. 488 of 2022.
F778
Inserted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 33, S.I. No. 488 of 2022.
F779
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 36 and sch. 1 table ref. no. 54, in effect as per reg. 2(1).
F780
Inserted (19.12.2006) by European Communities (Environmental Impact Assessment) (Amendment) Regulations 2006 (S.I. No. 659 of 2006), reg. 6(1), subject to transitional provision in reg. 2.
F781
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 36 and sch. 1 table ref. no. 55, in effect as per reg. 2(1).
F782
Inserted (13.07.2010) by European Communities (Public Participation) Regulations 2010 (S.I. No. 352 of 2010), reg. 10(c).
F783
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 36 and sch. 1 table ref. no. 56, in effect as per reg. 2(1).
F784
Substituted (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 34, S.I. No. 684 of 2006.
F785
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 36 and sch. 1 table ref. no. 57, in effect as per reg. 2(1).
F786
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 36 and sch. 1 table ref. no. 58, in effect as per reg. 2(1).
F787
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 20(a)(i), in effect as per reg. 2(1).
F788
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 36 and sch. 1 table ref. no. 59, in effect as per reg. 2(1).
F789
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 36 and sch. 1 table ref. no. 60, in effect as per reg. 2(1).
F790
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 36 and sch. 1 table ref. no. 61, in effect as per reg. 2(1).
F791
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 36 and sch. 1 table ref. no. 62, in effect as per reg. 2(1).
F792
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 36 and sch. 1 table ref. no. 63, in effect as per reg. 2(1).
F793
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 20(a)(ii), in effect as per reg. 2(1).
F794
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 36 and sch. 1 table ref. no. 64, in effect as per reg. 2(1).
F795
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 36 and sch. 1 table ref. no. 65, in effect as per reg. 2(1).
F796
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 20(b), in effect as per reg. 2(1).
F797
Substituted (19.12.2006) by European Communities (Environmental Impact Assessment) (Amendment) Regulations 2006 (S.I. No. 659 of 2006), reg. 6(2), subject to transitional provision in reg. 2.
F798
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 20(c), in effect as per reg. 2(1).
F799
Substituted (9.10.2001) by Local Government Act 2001 (37/2001), s. 247(g), S.I. No. 458 of 2001.
F800
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 36 and sch. 1 table ref. no. 66, in effect as per reg. 2(1).
F801
Inserted by Water Environment (Abstrations and Associated Impoundments) Act 2022 (48/2022), s. 116(g)(i), not commenced as of date of revision.
F802
Substituted by Water Environment (Abstrations and Associated Impoundments) Act 2022 (48/2022), s. 116(g)(ii), not commenced as of date of revision.
Modifications (not altering text):
C132
Prospective affecting provision: subs. (10)(aa) inserted and (b) amended by Water Environment (Abstrations and Associated Impoundments) Act 2022 (48/2022), s. 116(g)(i), (ii), not commenced as of date of revision.
F801[(aa) Where an application under this section relates to proposed development which comprises or is for the purposes of an activity for which an abstraction licence is required, the Board shall not, where it decides to approve the proposed development, subject that approval to conditions which are for the purposes of controlling the abstraction related to the operation of the activity.]
(b) Where an application under this section relates to proposed development which comprises or is for the purposes of an activity for which F802[an integrated pollution control licence, an abstraction licence] or a waste licence is required, the Board may, in respect of any proposed development comprising or for the purposes of the activity, decide to refuse the proposed development, where the Board considers that the development, notwithstanding the licensing of the activity, is unacceptable on environmental grounds, having regard to the proper planning and sustainable development of the area in which the development is or will be situate.
C133
Developments approved under subs. (9) declared exempted developments for purposes of Act and references in section to local authority construed by Dublin Transport Authority Act 2008 (15/2008), s. 44(14), (15) as inserted (8.02.2016) by Public Transport Act 2016 (3/2016), s. 1(b)(iv), commenced on enactment.
Functions of Authority in relation to public transport infrastructure.
44.— …
[(14) The carrying out by the Authority, on its behalf or at its direction of—
(a) a proposed road development (within the meaning of the Roads Act 1993) that has been approved by An Bord Pleanála under section 51 (as amended by section 9 of the Roads Act 2007) of that Act, or
(b) a proposed development that has been approved by An Bord Pleanála—
(i) under subsection (9) (inserted by section 34(c) of the Planning and Development (Strategic Infrastructure) Act 2006) of section 175 of the Act of 2000 pursuant to an application for approval made by the Authority under subsection (3) of that section, or
(ii) under subsection (8) of section 177AE (inserted by section 57 of the Planning and Development (Amendment) Act 2010) of the Act of 2000 pursuant to an application for approval made by the Authority under subsection (3) of that section,
shall be exempted developments for the purposes of the Act of 2000.
(15) For the purposes of section 175 and 177AE of the Act of 2000 where a proposed development relates to public transport infrastructure an application for approval under section 175(3) or 177AE(3) may be made by the Authority, with the concurrence of the local authority concerned, and, accordingly, references in those sections to a local authority shall be read as references to the Authority.
…]
C134
Application of section restricted and matters to be considered provided (27.09.2007) by Waste Water Discharge (Authorisation) Regulations 2007 (S.I. No. 684 of 2007), regs. 41(1) and 43(1).
Limitation of Act of 2000
41. (1) Subject to Regulation 42(2), and notwithstanding sections 34, 37, 37E, 175 and 226 of the Act of 2000, or any other provision of that Act, where, under these Regulations, an authorisation has been granted in respect of a waste water discharge from a waste water works—
(a) a planning authority, or An Bord Pleanála, where it decides to grant a permission under section 34, 37 or 37E on appeal or otherwise, as the case may be, of the said Act, or
(b) An Bord Pleanála, where it decides to grant an approval under section 175 or 226 of the said Act,
in respect of a proposed development that involves a waste water discharge from a waste water works, shall not subject the permission or approval, as the case may be, to conditions which are for the purposes of controlling the waste water discharge.
(2) Where a permission or approval under the Act of 2000 has been subjected to conditions, other than conditions as referred to in paragraph (3)(b), that are for the purposes of controlling discharges from a development as described in paragraph (1), those conditions shall cease to have effect upon the granting of an authorisation under these Regulations in respect of the waste water discharges concerned.
…
Consideration of proposals by planning authorities and An Bord Pleanála
43. (1) Where a planning authority or An Bord Pleanála is considering an application for permission, an appeal or an application for approval under section 34, 37, 37E, 175 or 226 of the Act of 2000 for development being development which involves the disposal of waste water to a waste water works, or is considering such a development under section 179 of the Act of 2000, the planning authority or the Board, as the case may be, shall consider whether the discharge of waste water from the proposed development, in conjunction with existing discharges to the receiving waters, would cause non-compliance with the combined approach or, in situations where there is existing non-compliance, would result in a significant breach of the combined approach.
…
C135
Application of subs. (3) restricted (27.09.2007) by Waste Water Discharge (Authorisation) Regulations 2007 (S.I. No. 684 of 2007), reg. 22.
Matters in an environmental impact statement to which the Agency shall have regard
22. The Agency shall have regard to the matters mentioned in an environmental impact statement in respect of a development and in the decision of An Bord Pleanála on an application under section 175(3) of the Act of 2000 for approval of such development only in so far as they relate to the risk of environmental pollution of the receiving waters from the waste water discharge concerned.
C136
Application of subs. (3) restricted and matters to be considered provided (7.12.2005) by European Communities (Waste Water Treatment) (Prevention of Odours and Noise) Regulations 2005 (S.I. No. 787 of 2005), regs. 3, 6.
3. A sanitary authority shall ensure that-
(a) in formulating and approving plans for a waste water treatment plant to be provided by the authority or on its behalf the plant is so designed and constructed as to ensure that it avoids causing nuisance through odours or noise,
(b) any waste water treatment plant under the sanitary authority’s control is so operated and maintained as to ensure that it avoids causing nuisance through odours or noise.
…
6. In considering an appeal, or an application under section 175(3) of the Act of 2000 for approval for a proposed development consisting of the provision of a waste water treatment plant by or on behalf of a sanitary authority, the Board shall have regard to the requirements of Article 3 of these Regulations and, in granting any permission for development or approving any application for approval and having regard to the function of the Agency under Article 4 of these Regulations, shall include such conditions as may be necessary in its opinion to ensure that the plant is so operated and maintained as to avoid causing nuisance through odours or noise.
C137
Provision for consideration of waste management under section made by Waste Management Act 1996 (10/1996), s. 22(10D) as inserted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 26(2)(d), S.I. No. 393 of 2004.
Waste management plans.
22.— …
(10D) (a) In performing their functions under the Planning and Development Acts 2000 to 2002, and, in particular, their functions under Part III and sections 175 and 179 of the Planning and Development Act 2000, planning authorities and An Bord Pleanála shall ensure that such measures as are reasonably necessary are taken to secure appropriate provision for the management of waste (and, in particular, recyclable materials) within developments, including the provision of facilities for the storage, separation and collection of such waste (and, in particular, such materials) and the preparation by the appropriate persons of suitable plans for the operation of such facilities.
(b) The Minister may issue guidelines as to the steps that may be taken to comply with this subsection.
Editorial Notes:
E341
Authorisations or approvals issued to water authorities under section deemed to be issued to Irish Water (30.10.2015) by Water Services (No. 2) Act 2013 (Other Licences, Authorisations and Permits) Order 2015 (S.I. No. 462 of 2015), in effect as per arts. 3 and 4.
E342
Authorities prescribed for purposes of subs. (4) (1.01.2014) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001), reg. 121(1), as substituted by Planning and Development (Amendment) (No. 2) Regulations 2013 (S.I. No. 520 of 2013), reg. 8, commenced as per reg. 1(3).
E343
Power pursuant to section exercised (1.01.2014) by Planning and Development (Amendment) (No. 2) Regulations 2013 (S.I. No. 520 of 2013).
E344
Power pursuant to section exercised (21.09.2011) by Planning and Development (Amendment) (No. 3) Regulations 2011 (S.I. No. 476 of 2011).
E345
Power pursuant to section exercised (21.12.2006, 31.01.2007 and 31.03.2007) by Planning and Development Regulations 2006 (S.I. No. 685 of 2006).
E346
Power pursuant to section exercised (21.01.2001 and 11.03.2001) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001).
E347
Previous affecting provision: subs. (3) amended (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 36 and sch. 1 table ref. no. 53, in effect as per reg. 2(1); subsection substituted (1.10.2022) as per F-note above
Prescribed classes of development requiring assessment.
176. (1) —F803[The Minister shall, for the purpose of giving effect to the Environmental Impact Assessment Directive, make regulations—]
(a) identifying development which may have significant effects on the environment, and
(b) specifying the manner in which the likelihood that such development would have significant effects on the environment is to be determined.
(2) Without prejudice to the generality of subsection (1), regulations under that subsection may provide for all or any one or more of the following matters:
(a) the establishment of thresholds or criteria for the purpose of determining which classes of development are likely to have significant effects on the environment;
(b) the establishment of different such thresholds or criteria in respect of different classes of areas;
(c) the determination on a case-by-case basis, in conjunction with the use of thresholds or criteria, of the developments which are likely to have significant effects on the environment;
(d) where thresholds or criteria are not established, the determination on a case-by-case basis of the developments which are likely to have significant effects on the environment;
F804[(da) the carrying out of a screening for environmental impact assessment (within the meaning of section 176A), or a determination review or application referral (within the meaning of section 176C);]
(e) the identification of selection criteria in relation to—
(i) the establishment of thresholds or criteria for the purpose of determining which classes of development are likely to have significant effects on the environment, or
(ii) the determination on a case-by-case basis of the developments which are likely to have significant effects on the environment.
(3) Any reference in an enactment to development of a class specified under Article 24 of the European Communities (Environmental Impact Assessment) Regulations, 1989 (S.I. No. 349 of 1989), shall be deemed to be a reference to a class of development prescribed under this section.
Annotations
Amendments:
F803
Substituted (19.08.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 56, S.I. No. 405 of 2010.
F804
Inserted (1.01.2019) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 27(c), S.I. No. 588 of 2018.
Editorial Notes:
E348
Power pursuant to section exercised (8.09.2011) by Planning and Development (Amendment) (No. 2) Regulations 2011 (S.I. No. 454 of 2011).
E349
Power pursuant to section exercised (14.07.2005) by Planning and Development Regulations 2005 (S.I. No. 364 of 2005).
E350
Power pursuant to section exercised (21.01.2001 and 11.03.2001) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001).
F805[
Application for screening for environmental impact assessment
176A. (1) In this section and sections 176B and 176C—
“screening determination for environmental impact assessment” means a determination made as part of a screening for environmental impact assessment;
“screening for environmental impact assessment” means a determination—
(a) as to whether a proposed development would be likely to have significant effects on the environment, and
(b) if the development would be likely to have such effects, that an environmental impact assessment is required.
F806[(1A) A planning authority shall not consider an application under this section in respect of proposed development to which Chapter II of Part XXI applies, unless the applicant—
(a) is the holder of a—
(i) maritime area consent granted for the occupation of a maritime site for the purposes of the proposed development, or
(ii) a licence granted under section 3 of the Act of 1933 authorising the licensee to do any act or acts referred to in that section for the purpose of the development on, or in relation to, the maritime site in which the development is proposed to be situated,
(b) is the owner of land on which it is proposed to carry out the development concerned,
(c) is the lessee, under a lease granted under section 2 of the Act of 1933, of a part of the foreshore that consists of, or includes, the maritime site on which it is proposed to carry out the development concerned, or
(d) makes the application with the consent, or on behalf, of the owner of land on which it is proposed to carry out the development concerned.]
(2)(a) Subject to section 176B, where a proposed development is of a class standing specified in Part 2 of Schedule 5 to the Planning and Development Regulations 2001 and does not equal or exceed, as the case may be, the relevant quantity, area or other limit standing specified in that Part, an application for a screening for environmental impact assessment in respect of that development may be submitted to the planning authority in whose area the development would be situated.
(b) Subject to section 176B, where a proposed development is of a class standing prescribed under section 176 for the purposes of this paragraph, an application for a screening for environmental impact assessment in respect of that development shall be submitted to the planning authority in whose area the development would be situated.
(3) An application under subsection (2) shall contain—
(a) the name and address of the applicant,
F807[(b) where the applicant is not the owner or occupier of the land that is the subject of the proposed development, the name and address of the owner (if any) and, where the owner is not the occupier of the land, the occupier (if any),]
(c) a location map for the proposed development,
(d) a description of the nature and extent of the proposed development, its characteristics, its likely significant effects on the environment (including the information specified in Schedule 7A to the Planning and Development Regulations 2001) including, where relevant, information on how the available results of other relevant assessments of the effects on the environment carried out pursuant to European Union legislation other than the Environmental Impact Assessment Directive have been taken into account, and
(e) any such other information as may be prescribed by the Minister,
and be accompanied by such fee as may be prescribed under section 246(1)(ca).
(3A) An application under subsection (2) may be accompanied by a description of the features, if any, of the proposed development and the measures, if any, envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment.
(4) For the purposes of enabling a planning authority to carry out a screening for environmental impact assessment on foot of an application under subsection (2), the authority may do either or both—
(a) seek further information that it considers necessary from the applicant or any other person that the authority considers appropriate, and
F808[(b) consult any person—
(i) to whom a planning authority is required to send a notice in accordance with Article 28 of the Planning and Development Regulations 2001 (S.I. No. 600 of 2001), or
(ii) prescribed by the Minister,
and consider any submissions or observations made by that person,]
and, where paragraph (a) or (b) applies, the authority shall specify the period within which the information or views concerned are required to be received by the authority.
(5) Subject to subsection (5A), where the applicant is not the owner or occupier of the land the subject of the proposed development, the planning authority concerned shall invite in writing—
(a) the owner F806[(if any)] to make a submission on an application made under subsection (2), and
F807[(b) where the owner is not the occupier of the land, the occupier (if any) of that land to make such a submission,]
and, where paragraph (a) or (b) applies, the authority shall specify the period within which the submission or submissions is or are required to be received by the authority.
(5A) The invitation under subsection (5) shall state that the owner or occupier may provide a description of the features, if any, of the proposed development and the measures, if any, envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment of the development.
(6) A planning authority may reject an application under subsection (2) if in the opinion of the authority the application is incomplete in any material detail.
(7) Where a planning authority rejects an application in accordance with subsection (6), it shall—
(a) subject to subsection (8), return the documents to which subsection (3) relates to the applicant, F809[…] and
(b) give reasons for its decision to the applicant,
and, where the applicant is not the owner or occupier of the land the subject of the proposed development, F807[the planning authority shall also notify the owner (if any) or, where the owner is not the occupier of the land, the occupier (if any) of its decision under subsection (6)].
(8) Subsection (7) is without prejudice to the planning authority—
(a) making a copy of a document,
(b) retaining an electronic copy of a document, or
(c) by agreement with the applicant concerned, retaining a document,
to which that subsection relates.]
Annotations
Amendments:
F805
Inserted (1.01.2019) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 21, in effect as per reg. 2(2).
F806
Inserted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 34, S.I. No. 488 of 2022.
F807
Substituted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 34, S.I. No. 488 of 2022.
F808
Substituted (1.01.2019) by European Union (Planning and Development) (Environmental Impact Assessment) (Amendment) Regulations 2018 (S.I. No. 646 of 2018), reg. 2(a), in effect as per reg. 1(2).
F809
Deleted (1.01.2019) by European Union (Planning and Development) (Environmental Impact Assessment) (Amendment) Regulations 2018 (S.I. No. 646 of 2018), reg. 2(b), in effect as per reg. 1(2).
Modifications (not altering text):
C138
Application of section restricted during specified period (3.07.2017 to 31.12.2019) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 22, S.I. No. 270 of 2017. Note that the version of s. 176A then referred to was not commenced.
Definitions (Chapter 1)
3. In this Chapter— …
“specified period” means—
(a) the period from the commencement of this provision until 31 December 2019, and
(b) any additional period as may be provided for by the Minister by order under section 4(2);
…
Construction of the Fourth Schedule (reasons for the refusal of permission which exclude compensation) to Act of 2000 during specified period
22. Sections 176A, 176B and 176C shall not apply during the specified period to a proposed strategic housing development in respect of which a prospective applicant has, in accordance with section 7(1)(a), requested the Board to make a determination whether it is likely to have significant effects on the environment.
Editorial Notes:
E351
Previous affecting provision: subs. (7)(a) amended by Planning and Development (Amendment) Act 2018 (16/2018), s. 33, not commenced as of date of revision; this amendment is now redundant as it was made (1.01.2019) as per F-note above.
E352
Previous affecting provision: section inserted by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 26, not commenced; inserted as per F-note above.
F810[
Screening for environmental impact assessment
176B. (1) A planning authority shall, where appropriate, carry out screening for appropriate assessment in respect of a proposed development as provided for by section 177U(10) at the same time as carrying out a screening for environmental impact assessment in respect of the development under subsection (2).
(2) Subject to subsections (1) and (2A), a planning authority shall, on foot of an application under subsection (2) of section 176A and to which subsections (6) and (7) of that section do not relate, carry out a screening for environmental impact assessment in respect of the proposed development—
(a) where further information, views or submissions—
(i) are duly sought by the planning authority under subsection (4) or (5) of section 176A, and
(ii) are duly received by the authority within the period specified under the said subsection (4) or (5),
within the period of 3 weeks from the date that such information, views or submissions are so received, or
(b) where further information, views or submissions are not sought by the planning authority under subsection (4) or (5) of section 176A, as the case may be, within the period of 4 weeks from the receipt of the application under section 176A(2).
(2A)(a) Subject to paragraph (b), the planning authority shall not be required to comply with subsection (2)(a) or (b) within the period of 3 weeks or 4 weeks, as the case may be, referred to in that subsection where it appears to the planning authority that it would not be possible or appropriate, because of the exceptional circumstances of the proposed development (including in relation to the nature, complexity, location or size of such development) to do so.
(b) Where paragraph (a) applies, the planning authority shall, by notice in writing served on—
(i) the applicant,
(ii) the owner F811[(if any)] of the land the subject of the proposed development, if he or she is not the applicant,
(iii) the occupier F811[(if any)] of the land the subject of the proposed development, if he or she is not the applicant or owner of such land, and
(iv) any other person from whom further information was sought or any body which was consulted pursuant to section 176A(4),
before the expiration of the period of 3 weeks or 4 weeks, referred to in subsection (2)(a) or (b), as the case may be, inform him or her of the reasons why it would not be possible or appropriate to comply with that subsection within that period and shall specify the date before which the authority intends that the screening determination for environmental impact assessment concerned shall be made.
(3)(a) Before making a decision on an application under section 176A(2), the planning authority shall—
(i) consider the criteria for determining whether a development would or would not be likely to have significant effects on the environment, as set out in Schedule 7 to the Planning and Development Regulations 2001,
(ia) take into account—
(I) the information provided pursuant to section 176A(3)(d), and
(II) the available results, where relevant, of preliminary verifications or assessments of the effects on the environment carried out pursuant to European Union legislation other than the Environmental Impact Assessment Directive, and
(ii) have regard to any description, information, views or submissions received in accordance with section 176A(3A) or (4) and, where relevant, section 176A(5) or (5A).
(b) A planning authority shall include, or refer to, in its screening determination for environmental impact assessment made under this section the main reasons and considerations, with reference to the relevant criteria listed in Schedule 7 to the Planning and Development Regulations 2001, on which such determination is based.
(3A)(a) Paragraph (b) applies where the screening determination for environmental impact assessment made under this section is that the proposed development would not be likely to have significant effects on the environment and there has been provided, under section 176A(3A) or (5A), as the case may be, a description of the features, if any, of the proposed development and the measures, if any, envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment of the proposed development.
(b) A planning authority shall specify such features, if any, and such measures, if any, in its screening determination for environmental impact assessment made under this section.
(4) A planning authority shall give notice in writing of its screening determination for environmental impact assessment made under this section to—
(a) the applicant,
(b) any person or body consulted under section 176A(4), and
F812[(c) where subsection (5) of section 176A applies, the owner (if any) and the occupier (if any) of the land that is the subject of the proposed development,]
and the notice shall include—
(i) the planning authority’s reasons for that determination, and
(ii) information concerning referral of the determination to the Board for review under section 176C.
(4A) The notice under subsection (4) shall be placed with any application for consent for proposed development subsequently made in respect of which an application for a screening for environmental impact assessment was made under section 176A(2).
(5) A planning authority shall publish the screening determination for environmental impact assessment, either or both—
(a) on its website, and
(b) in a newspaper circulating in the area where the proposed development would be situated,
together with a notice—
(i) stating that the determination may be referred to the Board for review by—
(I) the applicant,
(II) the owner F811[(if any)] of the land, where he or she is not the applicant,
(III) the occupier F811[(if any)] of the land, where he or she is not the applicant or the owner of the land, and
(IV) any person or body consulted by the planning authority about the application,
(ii) stating that a person may question the validity of either or both—
(I) the screening determination for environmental impact assessment by the planning authority, and
(II) any determination by the Board of the said screening determination,
by way of an application for judicial review, under Order 84 of the Rules of the Superior Courts (S.I. No. 15 of 1986), in accordance with sections 50 and 50A, and
(iii) identifying where practical information on the mechanism for questioning the validity of the determination can be found.
(6)(a) Where a planning authority makes a screening determination for environmental impact assessment under this section, the following documents shall, within 3 working days, be placed on its website for inspection and be made available for inspection and purchase by members of the public during office hours for at least the minimum period referred to in paragraph (b):
(i) a copy of the application made under section 176A(2) and any description, information, views, submissions, particulars, evidence, written study or further information received or obtained from—
(I) the applicant,
(II) the owner F811[(if any)] of the land the subject of the proposed development, if he or she is not the applicant,
(III) the occupier F811[(if any)] of the land the subject of the proposed development, if he or she is not the applicant or owner of such land, and
(IV) any other person from whom further information was sought or any body which was consulted pursuant to section 176A(4),
(ii) a copy of any report prepared by or for the authority in relation to the application, and
(iii) a copy of the screening determination for environmental impact assessment made under this section by the authority.
(b) The minimum period for the purposes of paragraph (a) is 8 weeks from the date of the screening determination for environmental impact assessment made under this section by the planning authority.]
Annotations
Amendments:
F810
Inserted (1.01.2019) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 21, in effect as per reg. 2(2).
F811
Inserted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 35, S.I. No. 488 of 2022.
F812
Substituted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 35, S.I. No. 488 of 2022.
Modifications (not altering text):
C139
Application of section restricted during specified period (3.07.2017 to 31.12.2019) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 22, S.I. No. 270 of 2017. Note the version of s. 176B then referred to was not commenced.
Definitions (Chapter 1)
3. In this Chapter— …
“specified period” means—
(a) the period from the commencement of this provision until 31 December 2019, and
(b) any additional period as may be provided for by the Minister by order under section 4(2);
…
Construction of the Fourth Schedule (reasons for the refusal of permission which exclude compensation) to Act of 2000 during specified period
22. Sections 176A, 176B and 176C shall not apply during the specified period to a proposed strategic housing development in respect of which a prospective applicant has, in accordance with section 7(1)(a), requested the Board to make a determination whether it is likely to have significant effects on the environment.
Editorial Notes:
E353
Previous affecting provision: section inserted by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 26, not commenced; substituted as per F-note above.
F813[
Review of screening determination for environmental impact assessment
and referral of application for screening for environmental impact assessment
176C. (1) Where a screening determination for environmental impact assessment is made by a planning authority under section 176B, any person to whom subsection (4) or (5) of that section relates may, within 3 weeks of the issuing of the determination and on payment to the Board of the appropriate fee, refer the determination for review (in this section referred to as a “determination review”) by the Board.
(2) Without prejudice to section 176B, where an application was made under section 176A and no screening determination for environmental impact assessment has been issued by a planning authority within the appropriate period of time provided for by section 176B(2), then—
(a) the person who made the application may—
(i) within the period of 3 weeks after the latest date by which that determination was due to be issued under section 176B(2), and
(ii) on payment to the Board of the appropriate fee,
refer the application in question to the Board (which act is in this section referred to as an ‘application referral’) for determination, and
(b) the authority concerned shall repay to the applicant the fee paid to the authority in accordance with section 176A(3).
(3) Where a determination to which subsection (1) relates or an application to which subsection (2) relates is referred to the Board under either of those subsections, the person so referring shall give notice to that effect to the planning authority concerned, and accordingly that authority shall forthwith forward to the Board—
(a) a copy of the application submitted to the authority under paragraph (a) or (b) of section 176A(2) and any determination made, and
(b) any description, information, views or submissions received in accordance with section 176A(3A) or (4) and, where relevant, section 176A(5) or (5A), in respect of the application to the planning authority.
(4) The Board shall, where appropriate, carry out screening for appropriate assessment in respect of the proposed development as provided for by section 177U(10) at the same time as making a determination under this section in respect of the development.
(5) Before making a determination under this section, the Board shall—
(a) consider the criteria for determining whether a development would or would not be likely to have significant effects on the environment, as set out in Schedule 7 to the Planning and Development Regulations 2001,
(b) take into account—
(i) the information provided pursuant to section 176A(3)(d), and
(ii) the available results, where relevant, of preliminary verifications or assessments of the effects on the environment carried out pursuant to European Union legislation other than the Environmental Impact Assessment Directive, and
(c) have regard to any description, information, views or submissions received in accordance with section 176A(3A) or (4) and, where relevant, section 176A(5) or (5A) and any screening determination for environmental impact assessment made by the planning authority under section 176B.
(5A) The Board shall include, or refer to, in its determination under this section the main reasons and considerations, with reference to the relevant criteria listed in Schedule 7 to the Planning and Development Regulations 2001, on which the determination is based.
(6) Subject to subsection (6A), the Board shall make a determination on the determination review or the application referral—
(a) within 5 weeks of receiving from the planning authority the documents to which subsection (3) relates, or
(b) where the Board requests from the applicant, or any other person that it considers appropriate, further information with regard to the determination review or application referral in order to enable the Board to make a determination and specifies the period within which the information or views concerned are required to be received by the Board, within 4 weeks of the due receipt of the further information.
(6A)(a) Subject to paragraph (b), the Board shall not be required to comply with subsection (6)(a) or (b) within the 5 week period or 4 week period, as the case may be, referred to in that subsection where it appears to the Board that it would not be possible or appropriate, because of the exceptional circumstances of the proposed development (including in relation to the nature, complexity, location or size of such development) to do so.
(b) Where paragraph (a) applies, the Board shall, by notice in writing served on—
(i) the applicant,
(ii) the planning authority,
(iii) the owner F814[(if any)] of the land the subject of the proposed development, if he or she is not the applicant,
(iv) the occupier F814[(if any)] of the land the subject of the proposed development, if he or she is not the applicant or owner of such land, and
(v) any other person from whom further information was sought or any body which was consulted pursuant to section 176A(4),
before the expiration of the period of 5 weeks or 4 weeks referred to in subsection (6)(a) or (b), as the case may be, inform him or her of the reasons why it would not be possible or appropriate to comply with that subsection within that period and shall specify the date before which the Board intends that the determination concerned shall be made.
(7) A determination review or a determination on foot of an application referral under this section shall consist of a determination by the Board—
(a) as to whether a proposed development would be likely to have significant effects on the environment, and
(b) if the development would be likely to have such effects, that an environmental impact assessment is required.
(7A)(a) Paragraph (b) applies where the determination under this section is that the proposed development would not be likely to have significant effects on the environment and there has been provided, in accordance with section 176A(3A) or (5A), as the case may be, a description of the features, if any, of the proposed development and the measures, if any, envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment.
(b) The Board shall specify such features, if any, and such measures, if any, in its determination under this section.
(8) The Board shall give notice in writing of its determination under this section to—
(a) the planning authority,
(b) the applicant,
(c) any person or body consulted under section 176A(4),
F815[(d) where subsection (5) of section 176A applies, the owner (if any) and the occupier (if any) of the land that is the subject of the proposed development, and]
(e) any other person, requested by the Board under subsection (6)(b) to provide further information with regard to the determination review or application referral,
by issuing in writing to each of them a notice to that effect and the notice shall include the Board’s reasons for that decision.
(8A) The notice issued under subsection (8) shall be placed with any application for consent for proposed development subsequently made to the planning authority or the Board, as the case may be, or any appeal or referral made to the Board in respect of which an application for a screening for an environmental impact assessment was made under section 176A(2).
(9) On notification by the Board of a determination under this section, the planning authority shall publish the determination either or both—
(a) on its website, and
(b) in a newspaper circulating in the area where the proposed development would be situated,
together with a notice—
(i) indicating the place or places at which the documents relating to the making of the determination are available for inspection and purchase by members of the public and, where applicable, the availability of the said documents for inspection by electronic means,
(ii) stating that a person may question the validity of the determination by the Board by way of an application for judicial review, under Order 84 of the Rules of the Superior Courts (S.I. No. 15 of 1986), in accordance with sections 50 and 50A, and
(iii) identifying where practical information on the mechanism for questioning the validity of the determination can be found.
(10) The Board shall—
(a) keep a record of any determination made by it under this section and the main reasons and considerations on which its determination was based,
(b) from time to time, but at least once in every year, forward to each planning authority a copy of the record referred in paragraph (a), and
(c) make the record available for purchase and inspection during office hours or available on its website, or both,
and, where the record specified in paragraph (a) is made available for purchase and inspection, the Board may charge a specified fee as determined pursuant to section 144(1A)(ha) but such fee shall not exceed the cost of making the copy.
(11)(a) Where the Board makes a screening determination for environmental impact assessment under this section, the following documents shall, within 3 working days, be placed on its website for inspection and be made available for inspection and purchase by members of the public during office hours at the offices of the Board for at least the minimum period referred to in paragraph (b):
(i) a copy of the application made under section 176A(2), the referral for determination review or the application referral, as the case may be, and any description, information, views, submissions, particulars, evidence, written study or further information received or obtained from—
(I) the applicant,
(II) the owner F814[(if any)] of the land the subject of the proposed development, if he or she is not the applicant,
(III) the occupier F814[(if any)] of the land the subject of the proposed development, if he or she is not the applicant or owner of such land,
(IV) any other person from whom further information was sought or any body which was consulted pursuant to section 176A(4), and
(V) any other person requested by the Board under subsection (6)(b) to provide further information with regard to the determination review or application referral,
(ii) a copy of any report prepared by or for the Board in relation to the determination review or application referral, and
(iii) a copy of the screening determination for environmental impact assessment made under this section by the Board.
(b) The minimum period for the purposes of paragraph (a) is 8 weeks from the date of the screening determination for environmental impact assessment made by the Board.]
Annotations
Amendments:
F813
Inserted (1.01.2019) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 21, in effect as per reg. 2(2).
F814
Inserted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 36, S.I. No. 488 of 2022.
F815
Substituted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 36, S.I. No. 488 of 2022.
Modifications (not altering text):
C140
Application of section restricted during specified period (3.07.2017 to 31.12.2019) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 22, S.I. No. 270 of 2017. Note the version of s. 176C then referred to was not commenced.
Definitions (Chapter 1)
3. In this Chapter— …
“specified period” means—
(a) the period from the commencement of this provision until 31 December 2019, and
(b) any additional period as may be provided for by the Minister by order under section 4(2);
…
Construction of the Fourth Schedule (reasons for the refusal of permission which exclude compensation) to Act of 2000 during specified period
22. Sections 176A, 176B and 176C shall not apply during the specified period to a proposed strategic housing development in respect of which a prospective applicant has, in accordance with section 7(1)(a), requested the Board to make a determination whether it is likely to have significant effects on the environment.
Editorial Notes:
E354
Previous affecting provisions: subs. (9A) inserted and subs. (1)(c) substituted by Planning and Development (Amendment) Act 2018 (16/2018), s. 34(a), (b), not commenced; repealed (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 4(2), in effect as per reg. 2(1).
E355
Previous affecting provision: section inserted by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 26, not commenced; substituted as per F-note above.
Prescribed information regarding environmental impact statements.
177.—(1) The Minister may prescribe the information that is to be contained in an F816[environmental impact assessment report].
(2) Any reference in an enactment to the information to be contained in an environmental impact statement specified under Article 25 of the European Communities (Environmental Impact Assessment) Regulations, 1989, shall be deemed to be a reference to information prescribed under this section.
Annotations
Amendments:
F816
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 36 and sch. 1 table ref. no. 67, in effect as per reg. 2(1).
Editorial Notes:
E356
Power pursuant to section exercised (21.01.2001 and 11.03.2001) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001).
S.I. No. 349/1989 –
European Communities (Environmental Impact Assessment) Regulations, 1989.
EUROPEAN COMMUNITIES (ENVIRONMENTAL IMPACT ASSESSMENT) REGULATIONS, 1989.
CONTENTS
PART I
PRELIMINARY AND GENERAL
Article
1. Citation.
2. Commencement.
3. Interpretation.
PART II
AMENDMENT OF LOCAL GOVERNMENT (PLANNING & DEVELOPMENT) ACTS, 1963 TO 1983
4. Definitions for Part II.
5. Amendment of section 2 of Act of 1963.
6. Amendment of section 4 of Act of 1963.
7. Amendment of section 25 of Act of 1963.
8. Amendment of section 26 of Act of 1963.
9. Amendment of section 41 of Act of 1963.
10. Amendment of section 78 of Act of 1963.
11. Amendment of section 20 of Act of 1976.
PART III
AMENDMENT OF OTHER ENACTMENTS
12. Amendment of Public Health (Ireland) Act, 1878.
13. Amendment of Foreshore Act, 1933.
14. Amendment of Air Navigation and Transport Act, 1936.
15. Amendment of Water Supplies Act, 1942.
16. Amendment of Arterial Drainage Act, 1945.
17. Amendment of Harbours Act, 1946.
18. Amendment of Fisheries (Consolidation) Act, 1959.
19. Amendment of Petroleum and Other Minerals Development Act, 1960.
20. Amendment of Gas Act, 1976.
21. Amendment of Fisheries Act, 1980.
22. Amendment of Urban Renewal Act, 1986.
PART IV
ENVIRONMENTAL IMPACT ASSESSMENT OF CERTAIN DEVELOPMENT BY STATE AUTHORITIES
23. Environmental impact assessment of certain development by State authorities.
PART V
MISCELLANEOUS
24. Specified development.
25. Specified information to be contained in an environmental impact statement.
26. Saver for certain development.
FIRST SCHEDULE
Development for the purposes of these Regulations.
SECOND SCHEDULE
Information to be contained in an environmental impact statement.
S.I. No. 349 of 1989.
EUROPEAN COMMUNITIES (ENVIRONMENTAL IMPACT ASSESSMENT) REGULATIONS, 1989.
The Minister for the Environment, in exercise of the powers conferred on him by section 3 of the European Communities Act, 1972 (No. 27 of 1972) and for the purpose of giving effect to the Council Directive of 27 June, 1985 (No. 85/337/EEC, O.J. No. L175/40, 5 July, 1985), hereby makes the following Regulations:—
PART I PRELIMINARY AND GENERAL
1 Citation.
1. These Regulations may be cited as the European Communities (Environmental Impact Assessment) Regulations, 1989.
2 Commencement.
2. (1) These Regulations shall come into operation on the 1st day of February, 1990.
(2) Where these Regulations provide for the amendment of an enactment, such enactment shall, notwithstanding any provision of the enactment as to commencement, have effect on and from the coming into operation of these Regulations.
3 Interpretation.
3. (1) In these Regulations:—
“Council Directive” means the Council Directive of 27 June, 1985 (No. 85/337/EEC, O.J. No. L175/40, 5 July, 1985) on the assessment of the effects of certain public and private projects on the environment;
“environmental impact statement” means a statement, prepared in accordance with a requirement of or under any enactment (including these Regulations), other than the European Communities (Environmental Impact Assessment) (Motorways) Regulations, 1988 ( S.I. No. 221 of 1988 ), of the effects, if any, which proposed development, if carried out, would have on the environment.
(2) In these Regulations, save where the context otherwise requires:—
( a ) any reference to a Part or Schedule which is not otherwise identified is a reference to a Part or Schedule of these Regulations,
( b ) a reference to any enactment shall be construed as a reference to that enactment as amended or adapted by any subsequent enactment, including these Regulations.
PART II AMENDMENT OF LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACTS, 1963 TO 1983
4 Definitions for Part II.
4. In this Part:—
“the Act of 1963” means the Local Government (Planning and Development) Act, 1963 (No. 28 of 1963);
“the Act of 1976” means the Local Government (Planning and Development) Act, 1976 (No. 20 of 1976).
5 Amendment of section 2 of Act of 1963.
5. Subsection (1) of section 2 of the Act of 1963 is hereby amended by:—
( a ) the insertion after the definition of “car park” of the following definition:
“‘Council Directive’ means the Council Directive of 27 June, 1985 (No. 85/337/EEC, O.J. No. L175/40, 5 July, 1985) on the assessment of the effects of certain public and private projects on the environment, and any Directive amending or replacing that Directive;”;
( b ) the insertion after the definition of “development plan” of the following definition:
“‘environmental impact statement’ means a statement of the effects, if any, which proposed development, if carried out, would have on the environment;”.
6 Amendment of section 4 of Act of 1963.
6. Section 4 of the Act of 1963 is hereby amended by the insertion of the following subsection after subsection (3) of that section:—
“(4) ( a ) The Minister may, in connection with the Council Directive, prescribe development or classes of development for the purposes of this subsection.
( b ) Notwithstanding paragraph (a) of subsection (1) of this section, development which is prescribed for the purposes of this subsection shall not be exempted development.”.
7 Amendment of section 25 of Act of 1963.
7. Section 25 of the Act of 1963 is hereby amended by:—
( a ) the substitution for paragraph (cc) of subsection (2) of the following paragraph:
“(cc) in connection with the Council Directive—
(i) the submission to the planning authority, in the case of specified applications or classes of applications, of an environmental impact statement in respect of the development to which the application relates,
(ii) enabling planning authorities to require, in the case of specified applications or classes of applications, the submission by the applicant of an environmental impact statement in respect of the development to which the application relates,
(iii) the information to be contained in an environmental impact statement,
(iv) the determination by planning authorities, for the purposes of dealing with applications, of the adequacy of information contained in environmental impact statements,
(v) the making of submissions or observations to the planning authority by persons other than the applicant in relation to the effects on the environment of development in respect of which the authority has received an environmental impact statement,
(vi) the making available for purchase of copies of environmental impact statements,
(vii) requiring the giving of notice by planning authorities of any application in respect of development which is likely to have significant effects on the environment in another Member State of the European Communities,”;
( b ) the insertion after subsection (2) of the following subsections:
“(3) ( a ) At the request of an applicant or of a person intending to apply for permission the Minister may, by order, having afforded the planning authority concerned an opportunity to furnish observations on the request, and where he is satisfied that exceptional circumstances so warrant, grant in respect of proposed development an exemption from a requirement of or under regulations under this section to prepare an environmental impact statement.
( b ) The Minister in granting an exemption under paragraph (a) of this subsection may, by order, apply such requirements (being requirements additional to those provided for in regulations under this section) in relation to the application for permission as he considers necessary or appropriate.
( c ) The Minister shall, as soon as may be, notify the planning authority concerned of his decision on any request made to him under paragraph (a) of this subsection, and of any requirements applied under paragraph (b) of this subsection.
( d ) Notice of any exemption granted under paragraph (a) of this subsection, of the reasons for granting it and of any requirements applied under paragraph (b) of this subsection shall be published in the Iris Oifigiúil and in at least one daily newspaper published in the State.
(4) ( a ) A person who makes a request to the Minister for an exemption under subsection (3) of this section shall, as soon as may be, inform the planning authority concerned of the making of the request and the date on which it was made.
( b ) Notwithstanding subsection (4) of section 26 of this Act, the appropriate period referred to in that subsection shall not, in a case in which a request is made to the Minister under subsection (3) of this section, include the period beginning on the day of the making of the request and ending on the day of receipt by the planning authority concerned of notice of the Minister’s decision on the request.”.
8 Amendment of section 26 of Act of 1963.
8. Section 26 of the Act of 1963 is hereby amended by:—
( a ) the insertion after subsection (1) of the following subsection:
“(1A) Without prejudice to subsection (1) of this section, a planning authority shall, in dealing with an application for permission for the development of land in respect of which an environmental impact statement was submitted to them in accordance with a requirement of or under regulations under section 25 (as amended by the European Communities (Environmental Impact Assessment) Regulations, 1989) of this Act, have regard to that statement and to—
( a ) any supplementary information relating to the statement furnished to them by the applicant in accordance with regulations under that section,
( b ) any submissions or observations concerning the effects on the environment of the proposed development made to them by persons other than the applicant in accordance with regulations under that section, and
( c ) where appropriate, the views of other Member States of the European Communities in relation to the effects on the environment of the proposed development.”;
( b ) the insertion after subsection (4A) of the following subsection:
“(4AA) (a) The Minister may, by order, before the expiration of the appropriate period within the meaning of subsection (4) (a) of this section, extend the said period in such manner as he considers appropriate in the case of an application for permission for the development of land where such development would be likely to have significant effects on the environment in another Member State of the European Communities, and subsection (4) (b) of this section shall, in case such an order is made, be construed and have effect accordingly.
( b ) The Minister shall, as soon as may be, notify the applicant and the planning authority concerned of any order made under paragraph (a) of this subsection.”;
( c ) the insertion after subsection (5) of the following subsection:
“(5A) Without prejudice to subsection (5) of this section, the Board shall, in determining on appeal an application in respect of which an environmental impact statement was submitted by the applicant (whether at the instance of the Board or otherwise), have regard to that statement, to such supplementary information, if any, relating to the statement as may have been furnished to the Board or to the planning authority by the applicant, and to other submissions or observations, if any, made to them concerning the effects on the environment of the proposed development.”.
9 Amendment of section 41 of Act of 1963.
9. Section 41 of the Act of 1963 is hereby amended by the insertion after paragraph (a) of subsection (1) of the following paragraph:—
“(aa) where an environmental impact statement was submitted in respect of an application, an indication of this fact,”.
10 Amendment of section 78 of Act of 1963.
10. Section 78 of the Act of 1963 is hereby amended by the insertion of the following subsections:—
“(2) For the purposes of the Council Directive, regulations made in relation to any specified cases or classes of cases of development proposed to be carried out by or on behalf of local authorities who are planning authorities may—
( a ) require the authority to prepare an environmental impact statement in respect of specified proposed development,
( b ) empower the Minister to require the authority to prepare an environmental impact statement in respect of other proposed development,
( c ) require the authority to have, in respect of proposed development for which an environmental impact statement is required to be prepared, the certification of the Minister that the proposed development (or the proposed development as varied or modified by him) will not, in his opinion, have significant adverse effects on the environment, or will embody the best practicable means to prevent or limit such effects,
( d ) require the Minister, before certifying proposed development, to have regard to an environmental impact statement prepared in respect of that development, to any submissions or observations made to him in accordance with regulations under this subsection, and to the views of other Member States of the European Communities arising from consultation, if any, in accordance with regulations under this subsection,
( e ) enable the Minister, in relation to the certification referred to in paragraph (c) of this subsection, to vary or modify a proposed development in respect of which certification is sought,
( f ) require the authority to give public notice in any specified form and manner, or to give notice to any specified persons, of applications for the certification referred to in paragraph (c) of this subsection,
( g ) require the public availability of environmental impact statements, the availability for purchase of copies of such statements and the furnishing of copies of such statements to the Minister and to any other specified persons,
( h ) require the authority to furnish to the Minister further information in relation to proposed development in respect of which an environmental impact statement has been prepared,
( i ) provide for the making of submissions or observations to the Minister in relation to the effects on the environment of proposed development in respect of which an environmental impact statement has been prepared,
( j ) provide for consultation with other Member States of the European Communities in relation to proposed development,
( k ) require the Minister to give notice of his decision in relation to proposed development for which certification is sought in accordance with regulations under this subsection,
( l ) require a planning authority, in dealing with an application by a local authority for permission under Part IV of this Act for development outside the functional area of that local authority, to have regard to any certification of the development by the Minister under regulations in accordance with this subsection.
(3) ( a ) The Minister may, by order, where he is satisfied that exceptional circumstances so warrant, grant an exemption in respect of proposed development from a requirement of regulations under subsection (2) of this section to prepare an environmental impact statement.
( b ) The Minister in granting an exemption in respect of proposed development under paragraph (a) of this subsection may, by order, apply such other requirements as he considers necessary or appropriate.
( c ) Notice of any exemption granted under paragraph (a) of this subsection, of the reasons for granting it and of any other requirements applied under paragraph (b) of this subsection shall be published in the Iris Oifigiúil and in at least one daily newspaper published in the State.”.
11 Amendment of section 20 of Act of 1976.
11. Section 20 of the Act of 1976 is hereby amended by the insertion after subsection (4) of the following subsection:—
“(5) Without prejudice to the generality of subsection (1) of this section, the Minister may, for the purposes of the Council Directive, make regulations enabling the Board when considering an appeal under section 26 of the Principal Act to require the submission to the Board by the applicant of an environmental impact statement in respect of the development to which the appeal relates, to determine the adequacy for the purposes of their consideration of an appeal of the information contained in an environmental impact statement (whether prepared at the instance of the Board or otherwise), and to require the submission to the Board by the applicant of such additional information in relation to the effects on the environment of the proposed development as the Board considers necessary or appropriate.”.
PART III AMENDMENT OF OTHER ENACTMENTS
12 Amendment of Public Health (Ireland) Act, 1878.
12. The Public Health (Ireland) Act, 1878 (41 and 42 Vict. c. 52) is hereby amended by:—
( a ) the insertion after section 37 of the following section:
“Restriction of certain inquiries.
37A.—An inquiry held pursuant to section 37 of this Act shall not, in the case of intended work in respect of which the certification of the Minister has been given under regulations in accordance with section 78 (as amended by the European Communities (Environmental Impact Assessment) Regulations, 1989) of the Local Government (Planning and Development) Act, 1963 (No. 28 of 1963), consider the effects which the intended work, if carried out, would have on the environment.”;
( b ) the insertion after section 63 of the following section:
“Restriction of certain inquiries.
63A.—An inquiry held pursuant to section 63 of this Act shall not, in the case of intended work in respect of which the certification of the Minister has been given under regulations in accordance with section 78 (as amended by the European Communities (Environmental Impact Assessment) Regulations, 1989) of the Local Government (Planning and Development) Act, 1963 (No. 28 of 1963), consider the effects which the intended work, if carried out, would have on the environment.”.
13 Amendment of Foreshore Act, 1933 .
13. The Foreshore Act, 1933 (No. 12 of 1933) is hereby amended by:—
( a ) the insertion in section 1, after the definition of “term”, of the following definition:
“the expression ‘development’ has the meaning assigned to it by section 3 of the Local Government (Planning and Development) Act, 1963 (No. 28 of 1963);”;
( b ) the addition to subsection (2) of section 10 of the words “or would have or be likely to have significant adverse effects on the environment”;
( c ) the insertion after section 13 of the following section:
“Environmental impact assessment of certain proposals relating to the foreshore.
13A.—(1) A relevant application to the Minister which proposes the undertaking of development of a class for the time being specified under Article 24 of the European Communities (Environmental Impact Assessment) Regulations, 1989, or under any provision amending or replacing the said Article 24, shall be accompanied by a statement of the likely effects on the environment (hereinafter in this Act referred to as an “environmental impact statement”) of such proposed development.
(2) Where a relevant application would involve the undertaking of development which would be of a class referred to in subsection (1) of this section but for not exceeding a quantity, area or other limit for the time being specified in relation to that class, and where the Minister considers that the said development would be likely to have significant effects on the environment, he shall require the applicant to submit an environmental impact statement in respect of such development.
(3) An environmental impact statement shall contain the information for the time being specified under Article 25 of the European Communities (Environmental Impact Assessment) Regulations, 1989, or under any provision amending or replacing the said Article 25.
(4) ( a ) The Minister may, by order, where he is satisfied that exceptional circumstances so warrant and after consultation with the Minister for the Environment, exempt a relevant application or a proposed relevant application from the requirement of subsection (1) of this section.
( b ) The Minister in granting an exemption under paragraph (a) of this subsection may, by order, apply such other requirements in relation to the relevant application or the proposed relevant application as he considers necessary or appropriate.
( c ) Notice of any exemption granted under paragraph (a) of this subsection, of the reasons for granting it and of any other requirements applied under paragraph (b) of this subsection shall be published in the Iris Oifigiúil and in one or more newspapers circulating in the district in which is situated the foreshore to which the relevant application or the proposed relevant application relates.
(5) In this section and in sections 19A, 19C and 21A “relevant application” means, as the case may be—
( a ) an application to the Minister for a lease under section 2 of this Act,
( b ) an application to the Minister for a licence under section 3 of this Act,
( c ) an application to the Minister for his approval under section 10 of this Act for maps, plans, and specifications for erection of structures on the foreshore,
( d ) an application to the Minister for his consent under section 13 of this Act for the deposit of material on the foreshore.”;
( d ) the insertion after section 19 of the following sections:
“Procedure in regard to certain relevant applications.
19A.—(1) Notwithstanding section 19 of this Act, a person who has submitted an environmental impact statement in accordance with a requirement of or under section 13A of this Act shall, as soon as may be, publish in one or more newspapers circulating in the district in which is situated the foreshore to which the relevant application relates a notice—
( a ) stating that he has made the application and indicating the location and nature of the proposal to which the application relates,
( b ) stating that an environmental impact statement has been prepared in respect of the proposal,
( c ) naming a place where a copy of the environmental impact statement may be inspected free of charge or purchased by any interested person,
( d ) specifying the times and the period (being the prescribed period) during which the environmental impact statement can be so inspected or purchased,
( e ) stating that any person may during the prescribed period make objections and representations to the Minister in relation to the effects on the environment of the proposal.
(2) Copies of the environmental impact statement shall be available for purchase by interested persons for a fee not exceeding the reasonable cost of making a copy.
(3) A person who has submitted an environmental impact statement in accordance with a requirement of or under section 13A of this Act shall, as soon as may be, furnish copies of the statement to the prescribed bodies, and shall indicate that objections and representations may be made to the Minister during the prescribed period in relation to the effects on the environment of the proposal.
(4) In this section and in section 19B “prescribed” means prescribed by the Minister by regulations.
Minister to have regard to certain matters in considering certain relevant applications.
19B.—(1) Where an environmental impact statement has been submitted in accordance with a requirement of or under section 13A of this Act, the Minister shall have regard to the said statement, to any objections and representations made to him during the prescribed period in relation to the effects on the environment of the proposal, and to the views of other Member States of the European Communities arising from consultation, if any, pursuant to section 19C of this Act.
(2) The Minister may, where he considers it necessary so to do, require an applicant who has submitted an environmental impact statement to furnish to him such further information in relation to the effects on the environment of the proposal as the Minister may specify.
Consultation with other Member States of European Communities.
19C.—(1) Where the Minister considers that development proposed in a relevant application in respect of which an environmental impact statement has been submitted in accordance with a requirement of or under section 13A of this Act would be likely to have significant effects on the environment in another Member State of the European Communities, or where another Member State likely to be significantly affected so requests, he shall consult that Member State in relation to the effects on the environment of the proposal.
(2) The Minister shall notify any Member State of the European Communities with which consultation takes place under subsection (1) of this section of his decision on the particular relevant application.”;
( e ) the insertion after section 21 of the following section:
“Publication of notice of Minister’s decision in relation to certain relevant applications.
21A.—Notice of the Minister’s decision on a relevant application in respect of which an environmental impact statement was submitted in accordance with a requirement of or under section 13A of this Act shall be published in the Iris Oifigiúil and in one or more newspapers circulating in the district in which is situated the foreshore to which the relevant application relates.”.
14 Amendment of Air Navigation and Transport Act, 1936 .
14. The Air Navigation and Transport Act, 1936 (No. 40 of 1936) is hereby amended by the insertion after section 37 of the following section:
“Environmental impact assessment of certain aerodromes proposed to be established by local authorities.
37A.—(1) (a) An application by a local authority under section 37 of this Act for the consent of the Minister to the establishment of an aerodrome which is of a class for the time being specified under Article 24 of the European Communities (Environmental Impact Assessment) Regulations, 1989, or under any provision amending or replacing the said Article 24, shall be accompanied by a statement of the likely effects on the environment (hereinafter referred to as an “environmental impact statement”) of the proposed aerodrome.
( b ) Where an application is made to the Minister for consent to the establishment of an aerodrome which would be of a class referred to in paragraph (a) of this subsection but for not exceeding a quantity, area or other limit for the time being specified in relation to that class, and where the Minister considers that the proposed aerodrome would be likely to have significant effects on the environment, he shall require the local authority to submit an environmental impact statement in respect of the proposed aerodrome.
( c ) An environmental impact statement shall contain the information for the time being specified under Article 25 of the European Communities (Environmental Impact Assessment) Regulations, 1989, or under any provision amending or replacing the said Article 25.
(2) Where an environmental impact statement has been submitted in accordance with a requirement of or under subsection (1) of this section, the local authority shall, as soon as may be, publish in one or more newspapers circulating in the area of the proposed aerodrome a notice—
( a ) stating that they have applied to the Minister for his consent to establishment of the aerodrome and indicating, the location and nature of the proposed aerodrome,
( b ) stating that an environmental impact statement has been prepared in respect of the proposed aerodrome,
( c ) naming a place where a copy of the environmental impact statement may be inspected free of charge or purchased by any interested person,
( d ) specifying the times and the period (being the prescribed period) during which the environmental impact statement can be so inspected or purchased,
( e ) stating that any person may during the prescribed period make submissions or observations to the Minister in relation to the effects on the environment of the proposed aerodrome.
(3) Copies of the environmental impact statement shall be available for purchase by interested persons for such fee not exceeding the reasonable cost of making a copy as the local authority may fix.
(4) Where a local authority have submitted an environmental impact statement in accordance with a requirement of or under subsection (1) of this section they shall, as soon as may be, furnish copies of the statement to the prescribed bodies, and shall indicate that submissions or observations may be made to the Minister during the prescribed period in relation to the effects on the environment of the proposed aerodrome.
(5) ( a ) Where an environmental impact statement has been submitted in accordance with a requirement of or under subsection (1) of this section, the Minister shall have regard to the said statement, to any submissions or observations made to him during the prescribed period in relation to the effects on the environment of the proposed aerodrome, and to the views of other Member States of the European Communities arising from consultation, if any, pursuant to subsection (7) of this section.
( b ) The Minister may, where he considers it necessary so to do, require a local authority who have submitted an environmental impact statement to furnish to him such further information in relation to the effects on the environment of the proposed aerodrome as the Minister may specify.
(6) ( a ) The Minister may, by order, where he is satisfied that exceptional circumstances so warrant and after consultation with the Minister for the Environment, exempt an application or a proposed application for his consent to establishment of an aerodrome from the requirement of subsection (1) (a) of this section.
( b ) The Minister in granting an exemption under paragraph (a) of this subsection may, by order, apply such other requirements in relation to the application or the proposed application as he considers necessary or appropriate.
( c ) Notice of any exemption granted under paragraph (a) of this subsection, of the reasons for granting it and of any other requirements applied under paragraph (b) of this subsection shall be published in the Iris Oifigiúil and in one or more newspapers circulating in the area of the proposed aerodrome.
(7) ( a ) Where the Minister considers that a proposed aerodrome in respect of which an environmental impact statement has been submitted in accordance with a requirement of or under subsection (1) of this section would be likely to have significant effects on the environment in another Member State of the European Communities, or where another Member State likely to be significantly affected so requests, he shall consult that Member State in relation to the effects on the environment of the proposed aerodrome.
( b ) The Minister shall notify any Member State of the European Communities with which consultation takes place under paragraph (a) of this subsection of his decision in relation to the proposed aerodrome.
(8) Notice of the Minister’s decision on an application in respect of which an environmental impact statement was submitted in accordance with a requirement of or under subsection (1) of this section shall be published in the Iris Oifigiúil and in one or more newspapers circulating in the area of the proposed aerodrome.”.
15 Amendment of Water Supplies Act, 1942 .
15. The Water Supplies Act, 1942 (No. 1 of 1942 ) is hereby amended by the insertion after section 10 of the following section:—
“10A.—(1) In this section “relevant development” means a dam or other installation designed for the holding or storage of water.
(2) An inquiry held in relation to an application to the Minister for a provisional order which would allow the coming into force of a proposal for, inter alia, the construction of a relevant development shall not consider the effects on the environment of such relevant development where it has been certified by the Minister under regulations in accordance with section 78 (as amended by the European Communities (Environmental Impact Assessment) Regulations, 1989) of the Local Government (Planning and Development) Act, 1963 (No. 28 of 1963).”.
16 Amendment of Arterial Drainage Act, 1945 .
16. The Arterial Drainage Act, 1945 (No. 3 of 1945) is hereby amended by:—
( a) the substitution for “engineering and valuation surveys” in subsection (1) of section 4 of “engineering, environmental and valuation surveys”;
( b) the insertion after subsection (2) of section 4 of the following subsections:
“(2A) ( a ) Every drainage scheme which would involve the execution of drainage works of a class for the time being specified under Article 24 of the European Communities (Environmental Impact Assessment) Regulations, 1989, or under any provision amending or replacing the said Article 24, shall contain, as a schedule annexed thereto, in addition to the matters set out in subsection (2) of this section, a statement of the likely effects on the environment (hereinafter in this Act referred to as an “environmental impact statement”) of the proposed works.
(b) (i) The Commissioners shall, before preparing a drainage scheme which would involve the execution of drainage works which would be of a class referred to in paragraph (a) of this subsection but for not exceeding a quantity, area or other limit for the time being specified in relation to that class, consult the Minister.
(ii) Where the Minister is consulted pursuant to sub-paragraph (i) of this paragraph and he considers that the proposed drainage works would be likely to have significant effects on the environment, he shall direct that the drainage scheme shall contain, as a schedule annexed thereto, in addition to the matters set out in subsection (2) of this section, an environmental impact statement.
(c) An environmental impact statement contained in a drainage scheme in accordance with paragraph (a) or (b) of this subsection shall contain the information for the time being specified under Article 25 of the European Communities (Environmental Impact Assessment) Regulations, 1989, or under any provision amending or replacing the said Article 25.
(2B) (a) The Minister may, by order, where he is satisfied that exceptional circumstances so warrant and after consultation with the Minister for the Environment, exempt a proposed drainage scheme from the requirement of paragraph (a) of subsection (2A) of this section.
(b) The Minister in granting an exemption under paragraph (a) of this subsection may, by order, apply such other requirements in relation to the proposed drainage scheme as he considers necessary or appropriate.
(c) Notice of any exemption granted under paragraph (a) of this subsection, of the reasons for granting it and of any other requirements applied under paragraph (b) of this subsection shall be published in the Iris Oifigiúil and in one or more newspapers circulating in the area proposed by such proposed scheme to be constituted a separate drainage district.”;
(c) the insertion after paragraph (a) of subsection (1) of section 5 of the following paragraph:
“(aa) where, in accordance with subsection (2A) of section 4 of this Act, the scheme contains an environmental impact statement, send a copy of the statement to such bodies as may be prescribed by the Minister by regulations, indicating that observations may be sent to the Commissioners in relation to the effects on the environment of the proposed drainage works within such period as may be specified, not being less than one month after the sending to the body concerned of the statement,”;
( d ) the insertion after subsection (1) of section 5 of the following subsection:
“(1A) Where, in accordance with subsection (2A) of section 4 of this Act, the scheme contains an environmental impact statement, the notice published pursuant to paragraph (b) of subsection (1) of this section shall so indicate and shall state that copies of the statement will be available for purchase during the period specified in the said notice, and that any person may within that period send to the Commissioners observations in relation to the effects on the environment of the proposed drainage works.”;
( e ) the insertion after paragraph (a) of subsection (2) of section 5 of the following paragraph:
“(aa) shall, where in accordance with subsection (2A) of section 4 of this Act the scheme contains an environmental impact statement, cause copies of the statement to be available for purchase by interested persons for a fee not exceeding the reasonable cost of making a copy of the statement,”;
( f ) the insertion in subsection (1) of section 7, after “drainage scheme” of “for the sending by prescribed bodies and interested persons of observations in relation to the effects on the environment of the proposed drainage works”;
( g ) the insertion after paragraph (c) of subsection (1) of section 7 of the following paragraph:
“(d) where, in accordance with subsection (2A) of section 4 of this Act, the drainage scheme contains an environmental impact statement, submit to the Minister details of observations received by them in relation to the effects on the environment of the proposed drainage works.”;
( h ) the insertion after subsection (2) of section 7 of the following subsections:
“(3) Where, in accordance with subsection (2A) of section 4 of this Act, a drainage scheme contains an environmental impact statement, the Minister shall—
( a ) have regard to the said statement, to any observations received by the Commissioners and submitted to him in accordance with paragraph (d) of subsection (1) of this section, and to the views of other Member States of the European Communities arising from consultation, if any, pursuant to subsection (4) of this section,
( b ) publish in the Iris Oifigiúil, and in one or more newspapers circulating in the area proposed by such scheme to be constituted a separate drainage district, notice of his decision in relation to the scheme.
(4) ( a ) Where the Minister considers that drainage works envisaged in a proposed drainage scheme which, in accordance with subsection (2A) of section 4 of this Act, contains an environmental impact statement would be likely to have significant effects on the environment in another Member State of the European Communities, or where another Member State likely to be significantly affected so requests, he shall consult that Member State in relation to the effects on the environment of the proposed works.
( b ) The Minister shall notify any Member State of the European Communities with which consultation takes place under paragraph (a) of this subsection of his decision in relation to the particular drainage scheme.”.
17 Amendment of Harbours Act, 1946 .
17. The Harbours Act, 1946 (No. 9 of 1946) is hereby amended by:—
( a ) the insertion after subsection (8) of section 134 of the following subsection:
“(9) The Minister shall, as soon as may be, publish in the Iris Oifigiúil and in two newspapers circulating in the county in which is situate the principal office of the harbour authority to whom the order relates notice of the making of any harbour works order which authorises works in respect of which an environmental impact statement was prepared in accordance with subsection (2A) of section 138 of this Act.”;
( b ) the insertion after paragraph (a) of subsection (1) of section 136 of the following paragraph:
“(aa) A notice published pursuant to paragraph (a) of this subsection in respect of a proposed harbour works order which would authorise works in respect of which an environmental impact statement has been prepared in accordance with subsection (2A) of section 138 of this Act shall, without prejudice to that paragraph—
(i) state that an environmental impact statement has been prepared in respect of the proposed works to which the proposed order relates,
(ii) state that a copy of the environmental impact statement may be inspected free of charge or purchased by any interested person at the principal office of the harbour authority, and
(iii) specify the times and the period (being the period specified pursuant to paragraph (b) of this subsection during which objections and representations in relation to the order may be furnished to the Minister) during which the environmental impact statement may be so inspected or purchased,”;
( c ) the insertion after subsection (1) of section 136 of the following subsection:
“(1A) Copies of an environmental impact statement shall be available, in accordance with the terms of the notice published pursuant to paragraphs (a), (aa) and (b) of subsection (1) of this section, for purchase by interested persons for a fee not exceeding the reasonable cost of making a copy.”;
( d ) the insertion after paragraph (b) of subsection (1) of section 136 of the following paragraph:
“(bb) the harbour authority to whom the proposed order relates shall, where the proposed order would authorise works in respect of which an environmental impact statement has been prepared in accordance with subsection (2A) of section 138 of this Act, send copies of the statement to such bodies as may be specified by the Minister and shall indicate to those bodies that objections and representations in relation to the effects on the environment of the works which the order would authorise may be made to the Minister during a specified period,”;
( e ) the insertion after paragraph (c) of subsection (1) of section 136 of the following paragraphs:
“(cc) in making the order the Minister shall, where the order would authorise works in respect of which an environmental impact statement has been prepared in accordance with subsection (2A) of section 138 of this Act, have regard, in addition to the matters mentioned in paragraph (c) of this subsection, to the environmental impact statement prepared by the harbour authority, and to the views of other Member States of the European Communities arising from consultation, if any, pursuant to paragraph (ccc) of this subsection,
( ccc ) (i) the Minister shall, where he considers that proposed works in respect of which an environmental impact statement has been prepared in accordance with subsection (2A) of section 138 of this Act would be likely to have significant effects on the environment in another Member State of the European Communities, or where another Member State likely to be significantly affected so requests, consult that Member State in relation to the effects on the environment of the proposed works,
(ii) The Minister shall notify any Member State of the European Communities with which consultation takes place under sub-paragraph (i) of this paragraph of his decision on the relevant application for a harbour works order.”;
(f) the insertion after subsection (2) of section 138 of the following subsections:
“(2A) ( a ) Without prejudice to the generality of subsection (2) of this section, an application for a harbour works order authorising works of a class for the time being specified under Article 24 of the European Communities (Environmental Impact Assessment) Regulations, 1989, or under any provision amending or replacing the said Article 24, shall contain a statement of the likely effects on the environment (elsewhere in this Part referred to as an “environmental impact statement”) of the proposed works.
( b ) (i) A harbour authority which proposes to apply to the Minister for a harbour works order authorising works which would be of a class referred to in paragraph (a) of this subsection but for not exceeding a quantity, area or other limit for the time being specified in relation to that class shall consult the Minister before making such application.
(ii) Where the Minister is consulted pursuant to sub-paragraph (i) of this paragraph and he considers that the proposed works would be likely to have significant effects on the environment, he shall direct that the application for a harbour works order shall contain an environmental impact statement.
( c ) An environmental impact statement shall contain the information for the time being specified under Article 25 of the European Communities (Environmental Impact Assessment) Regulations, 1989, or under any provision amending or replacing the said Article 25.
(2B) ( a ) The Minister may, by order, where he is satisfied that exceptional circumstances so warrant and after consultation with the Minister for the Environment, exempt proposed works from the requirement of paragraph (a) of subsection (2A) of this section.
( b ) The Minister in granting an exemption under paragraph (a) of this subsection may, by order, apply such other requirements in relation to the application for the harbour works order as he considers necessary or appropriate.
( c ) Notice of any exemption granted under paragraph (a) of this subsection, of the reasons for granting it and of any other requirements applied under paragraph (b) of this subsection shall be published in the Iris Oifigiúil and in two newspapers circulating in the county in which is situate the principal office of the harbour authority concerned.”.
18 Amendment of Fisheries (Consolidation) Act, 1959 .
18. The Fisheries (Consolidation) Act, 1959 (No. 14 of 1959) is hereby amended by the insertion after section 15 of the following section:—
“Environmental impact assessment in relation to certain applications for fish culture licences.
15A.—(1) ( a ) An application to the Minister under section 15 of this Act for a fish culture licence authorising culture of salmonid fish in an area of the sea shall, where the proposed culture is of a class for the time being specified under Article 24 of the European Communities (Environmental Impact Assessment) Regulations, 1989, or under any provision amending or replacing the said Article 24, be accompanied by a statement of the likely effects on the environment (hereinafter referred to as an “environmental impact statement”) of the proposed culture.
( b ) Where an application to the Minister under section 15 of this Act for a licence authorising the culture of salmonid fish in an area of the sea relates to culture which would be of a class referred to in paragraph (a) of this subsection but for not exceeding a quantity, area or other limit for the time being specified in relation to that class, and where the Minister considers that the proposed culture would be likely to have significant effects on the environment, he shall require the applicant to submit an environmental impact statement in respect of the proposed culture.
( c ) An environmental impact statement shall contain the information for the time being specified under Article 25 of the European Communities (Environmental Impact Assessment) Regulations, 1989, or under any provision amending or replacing the said Article 25.
(2) Where an environmental impact statement has been submitted in accordance with a requirement of or under subsection (1) of this section, the applicant shall, as soon as may be, publish in one or more newspapers circulating in the vicinity of the location of the proposed culture a notice—
( a ) stating that he has applied to the Minister for a fish culture licence and indicating the location and nature of the proposed culture,
( b ) stating that an environmental impact statement has been prepared in respect of the proposed culture,
( c ) naming a place where a copy of the environmental impact statement may be inspected free of charge or purchased by any interested person,
( d ) specifying the times and the period (being the prescribed period) during which the environmental impact statement can be so inspected or purchased,
( e ) stating that any person may during the prescribed period make submissions or observations to the Minister in relation to the effects on the environment of the proposed culture.
(3) Copies of the environmental impact statement shall be available for purchase by interested persons for a fee not exceeding the reasonable cost of making a copy.
(4) Where an environmental impact statement has been submitted in accordance with a requirement of or under subsection (1) of this section the applicant shall, as soon as may be, furnish copies of the statement to the prescribed bodies, and shall indicate that submissions or observations may be made to the Minister during the prescribed period in relation to the effects on the environment of the proposed culture.
(5) ( a ) Where an environmental impact statement has been submitted in accordance with a requirement of or under subsection (1) of this section, the Minister shall have regard to the said statement, to any submissions or observations made to him during the prescribed period in relation to the effects on the environment of the proposed culture, and to the views of other Member States of the European Communities arising from consultation if any, pursuant to subsection (7) of this section.
( b ) The Minister may, where he considers it necessary so to do, require an applicant who has submitted an environmental impact statement to furnish to him such further information in relation to the effects on the environment of the proposed culture as the Minister may specify.
(6) ( a ) The Minister may, by order, where he is satisfied that exceptional circumstances so warrant and after consultation with the Minister for the Environment, exempt an application or a proposed application from the requirement of subsection (1) (a) of this section.
( b ) The Minister in granting an exemption under paragraph (a) of this subsection may, by order, apply such other requirements in relation to the application or the proposed application as he considers necessary or appropriate.
( c ) Notice of any exemption granted under paragraph (a) of this sub-section, of the reasons for granting it and of any other requirements applied under paragraph (b) of this subsection shall be published in the Iris Oifigiúil and in one or more newspapers circulating in the vicinity of the location of the proposed culture.
(7) ( a ) Where the Minister considers that proposed fish culture in respect of which an environmental impact statement has been submitted in accordance with a requirement of or under subsection (1) of this section would be likely to have significant effects on the environment in another Member State of the European Communities, or where another Member State likely to be significantly affected so requests, he shall consult that Member State in relation to the effects on the environment of the proposed culture.
( b ) The Minister shall notify any Member State of the European Communities with which consultation takes place under paragraph (a) of this subsection of his decision in relation to the relevant application for a fish culture licence.
(8) Notice of the Minister’s decision in relation to an application for a fish culture licence in respect of which an environmental impact statement was submitted in accordance with a requirement of or under subsection (1) of this section shall be published in the Iris Oifigiúil and in one or more newspapers circulating in the vicinity of the location of the proposed culture.”.
19 Amendment of Petroleum and Other Minerals Development Act, 1960 .
19. The Petroleum and Other Minerals Development Act, 1960 (No. 7 of 1960) is hereby amended by the insertion after section 13 of the following section:—
“Environmental impact assessment of certain working of petroleum.
13A.—(1) ( a ) A plan submitted to the Minister under the terms of a lease under section 13 of this Act seeking his approval for working of petroleum under land (not being land situate within the functional area of a planning authority within the meaning of the Local Government (Planning and Development) Acts, 1963 to 1983) shall, where the proposed working is of a class for the time being specified under Article 24 of the European Communities (Environmental Impact Assessment) Regulations, 1989, or under any provision amending or replacing the said Article 24, be accompanied by a statement of the likely effects on the environment (hereinafter referred to as an “environmental impact statement”) of the proposed working.
( b ) Where a plan submitted to the Minister under the terms of a lease under section 13 of this Act seeks his approval for working of petroleum which would be of a class referred to in paragraph (a) of this subsection but for not exceeding a quantity, area or other limit for the time being specified in relation to that class, and where the Minister considers that the proposed working would be likely to have significant effects on the environment, he shall require the applicant to submit an environmental impact statement in respect of the proposed working.
( c ) An environmental impact statement shall contain the information for the time being specified under Article 25 of the European Communities (Environmental Impact Assessment) Regulations, 1989, or under any provision amending or replacing the said Article 25.
(2) Where an environmental impact statement has been submitted in accordance with a requirement of or under subsection (1) of this section, the applicant shall, as soon as may be, publish in at least one daily newspaper published in the State a notice—
( a ) stating that he has applied to the Minister for approval to the working of petroleum and indicating the location and nature of the proposed working,
( b ) stating that an environmental impact statement has been prepared in respect of the proposed working,
( c ) naming a place where a copy of the environmental impact statement may be inspected free of charge or purchased by any interested person,
( d ) specifying the times and the period (being the prescribed period) during which the environmental impact statement can be so inspected or purchased,
( e ) stating that any person may during the prescribed period make submissions or observations to the Minister in relation to the effects on the environment of the proposed working.
(3) Copies of the environmental impact statement shall be available for purchase by interested persons for a fee not exceeding the reasonable cost of making a copy.
(4) Where an environmental impact statement has been submitted in accordance with a requirement of or under subsection (1) of this section, the applicant shall, as soon as may be, furnish copies of the statement to the prescribed bodies, and shall indicate that submissions or observations may be made to the Minister during the prescribed period in relation to the effects on the environment of the proposed working of petroleum.
(5) ( a ) Where an environmental impact statement has been submitted in accordance with a requirement of or under subsection (1) of this section, the Minister shall have regard to the said statement, to any submissions or observations made to him during the prescribed period in relation to the effects on the environment of the proposed working of petroleum, and to the views of other Member States of the European Communities arising from consultation, if any, pursuant to subsection (7) of this section.
( b ) The Minister may, where he considers it necessary so to do, require an applicant who has submitted an environmental impact statement to furnish to him such further information in relation to the effects on the environment of the proposed working of petroleum as the Minister may specify.
(6) ( a ) The Minister may, by order, where he is satisfied that exceptional circumstances so warrant and after consultation with the Minister for the Environment, exempt a plan or a proposed plan seeking approval for working of petroleum from the requirement of subsection (1) (a) of this section.
( b ) The Minister in granting an exemption under paragraph (a) of this subsection may, by order, apply such other requirements in relation to the plan or the proposed plan as he considers necessary or appropriate.
( c ) Notice of any exemption granted under paragraph (a) of this subsection, of the reasons for granting it and of any other requirements applied under paragraph (b) of this subsection shall be published in the Iris Oifigiúil and in at least one daily newspaper published in the State.
(7) ( a ) Where the Minister considers that proposed working of petroleum in respect of which an environmental impact statement has been submitted in accordance with a requirement of or under subsection (1) of this section would be likely to have significant effects on the environment in another Member State of the European Communities, or where another Member State likely to be significantly affected so requests, he shall consult that Member State in relation to the effects on the environment of the proposed working.
( b ) The Minister shall notify any Member State of the European Communities with which consultation takes place under paragraph (a) of this subsection of his decision on the relevant application for approval to the working of petroleum.
(8) Notice of the Minister’s decision on an application for approval to working of petroleum in respect of which an environmental impact statement was submitted in accordance with a requirement of or under subsection (1) of this section shall be published in the Iris Oifigiúil and in at least one daily newspaper published in the State.”.
20 Amendment of Gas Act, 1976 .
20. The Gas Act, 1976 (No. 30 of 1976) is hereby amended by the insertion after section 40 of the following section:—
“Environmental impact assessment of certain pipelines.
40A.—(1) ( a ) An application to the Minister by the Board for his consent under subsection (7) of section 8 to the construction of a pipeline, or a notice given to the Minister by a person, other than the Board, under subsection (1) of section 40 in relation to the proposed construction of a pipeline, shall, where the proposed pipeline is of a class for the time being specified under Article 24 of the European Communities (Environmental Impact Assessment) Regulations, 1989, or under any provision amending or replacing the said Article 24, be accompanied by a statement of the likely effects on the environment (hereinafter referred to as an “environmental impact statement”) of the proposed pipeline.
( b ) Where an application is made by the Board or a notice is given by a person, other than the Board, in relation to a proposed pipeline which would be of a class referred to in paragraph (a) of this subsection but for not exceeding a quantity, area or other limit for the time being specified in relation to that class, and where the Minister considers that the proposed pipeline would be likely to have significant effects on the environment, he shall require the Board or other person, as the case may be, to submit an environmental impact statement in respect of the proposed pipeline.
( c ) An environmental impact statement shall contain the information for the time being specified under Article 25 of the European Communities (Environmental Impact Assessment) Regulations, 1989, or under any provision amending or replacing the said Article 25.
(2) Where an environmental impact statement has been submitted in accordance with a requirement of or under subsection (1) of this section, the Board or other person, as the case may be, shall, as soon as may be, publish in one or more newspapers circulating in the area of the proposed pipeline a notice—
( a ) stating that application has been made, or notice has been given, as the case may be, in relation to the proposed construction of the pipeline and indicating the location and nature of the proposed pipeline,
( b ) stating that an environmental impact statement has been prepared in respect of the proposed pipeline,
( c ) naming a place where a copy of the environmental impact statement may be inspected free of charge or purchased by any interested person,
( d ) specifying the times and the period (being the prescribed period) during which the environmental impact statement can be so inspected or purchased,
( e ) stating that any person may during the prescribed period make submissions or observations to the Minister in relation to the effects on the environment of the propose pipeline.
(3) Copies of the environmental impact statement shall be available for purchase by interested persons for a fee not exceeding the reasonable cost of making a copy.
(4) Where an environmental impact statement has been submitted in accordance with a requirement of or under subsection (1) of this section, the Board or other person, as the case may be, shall, as soon as may be, furnish copies of the statement to the prescribed bodies, and shall indicate that submissions or observations may be made to the Minister during the prescribed period in relation to the effects on the environment of the proposed pipeline.
(5) ( a ) Where an environmental impact statement has been submitted in accordance with a requirement of or under subsection (1) of this section, the Minister shall have regard to the said statement, to any submissions or observations made to him during the prescribed period in relation to the effects on the environment of the proposed pipeline, and to the views of other Member States of the European Communities arising from consultation, if any, pursuant to subsection (7) of this section.
( b ) The Minister may, where an environmental impact statement has been submitted in accordance with a requirement of or under subsection (1) of this section and where he considers it necessary so to do, require the Board or other person, as the case may be, to furnish to him such further information in relation to the effects on the environment of the proposed pipeline as the Minister may specify.
(6) ( a ) The Minister may, by order, where he is satisfied that exceptional circumstances so warrant and after consultation with the Minister for the Environment, exempt an application or notice or a proposed application or notice from the requirement of subsection (1) (a) of this section.
( b ) The Minister in granting an exemption under paragraph (a) of this subsection may, by order, apply such other requirements in relation to the application or notice, or the proposed application or notice, as the case may be, as he considers necessary or appropriate.
( c ) Notice of any exemption granted under paragraph (a) of this subsection, of the reasons for granting it and of any other requirements applied under paragraph (b) of this subsection shall be published in the Iris Oifigiúil and in one or more newspapers circulating in the area of the proposed pipeline.
(7) ( a ) Where the Minister considers that a proposed pipeline in respect of which an environmental impact statement has been submitted in accordance with a requirement of or under subsection (1) of this section would be likely to have significant effects on the environment in another Member State of the European Communities, or where another Member State likely to be significantly affected so requests, he shall consult that Member State in relation to the effects on the environment of the proposed pipeline.
( b ) The Minister shall notify any Member State of the European Communities with which consultation takes place under paragraph (a) of this subsection of his decision on an application made to him by the Board or arising from notice given to him by a person other than the Board, as the case may be.
(8) Notice of the Minister’s decision on an application by the Board or arising from notice given to him by a person other than the Board shall, in the case of a proposed pipeline in respect of which an environmental impact statement was submitted in accordance with a requirement of or under subsection (1) of this section, be published in the Iris Oifigiúil and in one or more newspapers circulating in the area of the proposed pipeline.
(9) The provisions of this section are without prejudice to section 8 (9) of this Act.”.
21 Amendment of Fisheries Act, 1980 .
21. The Fisheries Act, 1980 (No. 1 of 1980) is hereby amended by the insertion after section 54 of the following section:—
“Environmental impact assessment in relation to certain applications for aquaculture licences.
54A.—(1) ( a ) An application to the Minister under section 54 (9) for an aquaculture licence for the culture of salmonid fish shall, where the proposed aquaculture is of a class for the time being specified under Article 24 of the European Communities (Environmental Impact Assessment) Regulations, 1989, or under any provision amending or replacing the said Article 24, be accompanied by a statement of the likely effects on the environment (hereinafter referred to as an “environmental impact statement”) of the proposed aquaculture.
( b ) Where an application under section 54 (9) for an aquaculture licence for the culture of salmonid fish relates to aquaculture which would be of a class referred to in paragraph (a) of this subsection but for not exceeding a quantity, area or other limit for the time being specified in relation to that class, and where the Minister considers that the proposed aquaculture would be likely to have significant effects on the environment, he shall require the applicant to submit an environmental impact statement in respect of the proposed aquaculture.
( c ) An environmental impact statement shall contain the information for the time being specified under Article 25 of the European Communities (Environmental Impact Assessment) Regulations, 1989, or under any provision amending or replacing the said Article 25.
(2) Where an environmental impact statement has been submitted in accordance with a requirement of or under subsection (1) of this section, the applicant shall, as soon as may be, publish in one or more newspapers circulating in the vicinity of the location of the proposed aquaculture a notice—
( a ) stating that he has applied to the Minister for an aquaculture licence and indicating the location and nature of the proposed aquaculture,
( b ) stating that an environmental impact statement has been prepared in respect of the proposed aquaculture,
( c ) naming a place where a copy of the environmental impact statement may be inspected free of charge or purchased by any interested person,
( d ) specifying the times and the period (being the prescribed period) during which the environmental impact statement can be so inspected or purchased,
( e ) stating that any person may during the prescribed period make submissions or observations to the Minister in relation to the effects on the environment of the proposed aquaculture.
(3) Copies of the environmental impact statement shall be available for purchase by interested persons for a fee not exceeding the reasonable cost of making a copy.
(4) Where an environmental impact statement has been submitted in accordance with a requirement of or under subsection (1) of this section the applicant shall, as soon as may be, furnish copies of the statement to the prescribed bodies, and shall indicate that submissions or observations may be made to the Minister during the prescribed period in relation to the effects on the environment of the proposed aquaculture.
(5) ( a ) Where an environmental impact statement has been submitted in accordance with a requirement of or under subsection (1) of this section, the Minister shall have regard to the said statement, to any submissions or observations made to him during the prescribed period in relation to the effects on the environment of the proposed aquaculture, and to the views of other Member States of the European Communities arising from consultation, if any, pursuant to subsection (7) of this section.
( b ) The Minister may, where he considers it necessary so to do, require an applicant who has submitted an environmental impact statement to furnish to him such further information in relation to the effects on the environment of the proposed aquaculture as the Minister may specify.
(6) ( a ) The Minister may, by order, where he is satisfied that exceptional circumstances so warrant and after consultation with the Minister for the Environment, exempt an application or a proposed application from the requirement of subsection (1) (a) of this section.
( b ) The Minister in granting an exemption under paragraph (a) of this subsection may, by order, apply such other requirements in relation to the application or the proposed application as he considers necessary or appropriate.
( c ) Notice of any exemption granted under paragraph (a) of this subsection, of the reasons for granting it and of any other requirements applied under paragraph (b) of this subsection shall be published in the Iris Oifigúil and in one or more newspapers circulating in the vicinity of the location of the proposed aquaculture.
(7) ( a ) Where the Minister considers that proposed aquaculture in respect of which an environmental impact statement has been submitted in accordance with a requirement of or under subsection (1) of this section would be likely to have significant effects on the environment in another Member State of the European Communities, or where another Member State likely to be significantly affected so requests, he shall consult that Member State in relation to the effects on the environment of the proposed aquaculture.
( b ) The Minister shall notify any Member State of the European Communities with which consultation takes place under paragraph (a) of this subsection of his decision in relation to the relevant application for an aquaculture licence.
(8) Notice of the Minister’s decision in relation to an application for an aquaculture licence in respect of which an environmental impact assessment was submitted in accordance with a requirement of or under subsection (1) of this section shall be published in the Iris Oifigiúil and in one or more newspapers circulating in the vicinity of the location of the proposed aquaculture.”.
22 Amendment of Urban Renewal Act, 1986 .
22. The Urban Renewal Act, 1986 (No. 19 of 1986) is hereby amended by:—
( a ) the insertion after section 12 of the following section:
“Environmental impact assessment of certain redevelopment in Custom House Docks Area
12A.—(1) ( a ) Where development proposed in a planning scheme being prepared pursuant to section 12 is of a class for the time being specified under Article 24 of the European Communities (Environmental Impact Assessment) Regulations, 1989, or under any provision amending or replacing the said Article 24, or where such a development would be of such a class but for not exceeding a quantity, area or other limit for the time being specified in relation to that class and the Authority consider it likely to have significant effects on the environment, the Authority shall prepare a statement of the likely effects on the environment (hereinafter referred to as an “environmental impact statement”) of that development.
( b ) An environmental impact statement prepared pursuant to paragraph (a) shall contain the information for the time being specified under Article 25 of the European Communities (Environmental Impact Assessment) Regulations, 1989, or under any provision amending or replacing the said Article 25.
(2) The Authority shall, when consulting with Dublin Corporation pursuant to section 12 (3) (b), furnish to the Corporation a copy of any environmental impact statement prepared pursuant to subsection (1) (a).
(3) The Authority shall, in arranging for making of submissions by interested persons pursuant to section 12 (3) (d), make available to such persons, for inspection or for purchase on payment of such fee as may be fixed by the Authority not exceeding the reasonable cost of making the copy, any environmental impact statement prepared pursuant to subsection (1) (a).
(4) The Authority before submitting a planning scheme to the Minister pursuant to section 12 (4) shall have regard to any environmental impact statement prepared pursuant to subsection (1) (a), and to the views of Dublin Corporation and interested persons in relation to the effects on the environment of the proposed development in respect of which the environmental impact statement was prepared.
(5) The Authority shall, when submitting a planning scheme for approval of the Minister pursuant to section 12 (4), furnish to the Minister a copy of any environmental impact statement prepared pursuant to subsection (1) (a) in respect of development proposed in the scheme and the views, in any, of Dublin Corporation and interested persons in relation to the effects on the environment of the development concerned.
(6) Before modifying or approving a planning scheme under section 12 (5) the Minister shall have regard to any environmental impact statement prepared by the Authority pursuant to subsection (1) (a) and to the views, if any, of Dublin Corporation and interested persons in relation to the effects on the environment of the development concerned.
(7) ( a ) The Minister may, by order, where he is satisfied that exceptional circumstances so warrant, grant an exemption from the requirement under this section to prepare an environmental impact statement in respect of proposed development.
( b ) The Minister in granting an exemption under paragraph (a) may, by order, apply such other requirements as he considers necessary or appropriate.
( c ) Notice of any exemption granted under paragraph (a), of the reasons for granting it and of any other requirement applied under paragraph (b) shall be published in the Iris Oifigiúil and in at least one daily newspaper published in the State.”;
( b ) the insertion after section 12 (5) of the following subsection:
“(5A) Notice of approval by the Minister of a planning scheme incorporating development in respect of which an environmental impact statement was prepared in accordance with section 12A (1) (a) (as inserted by the European Communities (Environmental Impact Assessment) Regulations, 1989) shall be published in the Iris Oifigiúil and in at least one daily newspaper published in the State.”.
PART IV ENVIRONMENTAL IMPACT ASSESSMENT OF CERTAIN DEVELOPMENT BY STATE AUTHORITIES
23 Environmental impact assessment of certain development by State authorities.
23. (1) ( a ) A State authority shall, before undertaking any development of a class specified under Article 24 of these Regulations, or any development which would be of such a class but for not exceeding a quantity, area or other limit specified in relation to such class and which in the view of the State authority would be likely to have significant effects on the environment, prepare a statement of the likely effects on the environment (hereinafter referred to as an “environmental impact statement”) of the proposed development.
( b ) An environmental impact statement shall contain the information specified under Article 25 of these Regulations.
(2) ( a ) A State authority may, where it considers that exceptional circumstances so warrant and after consultation with the Minister for the Environment, decide that subarticle (1) (a) of this article shall not apply in relation to proposed development.
( b ) Where a State authority decides that the provisions of the said subarticle shall not apply in relation to proposed development, it may apply such other requirements to such proposed development as it considers necessary or appropriate.
( c ) Notice of any decision made under paragraph (a) of this subarticle, of the reasons for it and of any other requirements applied under paragraph (b) of this subarticle shall be published in the Iris Oifigiúil and in one or more newspapers circulating in the area in which the proposed development would be situated.
(3) Where an environmental impact statement has been prepared in accordance with subarticle (1) of this article the State authority concerned shall, as soon as may be—
( a ) publish in one or more newspapers circulating in the area in which the proposed development would be situated a notice—
(i) indicating the location and nature of the proposed development,
(ii) stating that an environmental impact statement has been prepared in respect of the proposed development,
(iii) naming a place where a copy of the environmental impact statement may be inspected free of charge or purchased by any interested person,
(iv) specifying the times and the period (being a period of not less than one month) during which the environmental impact statement can be so inspected or purchased,
(v) stating that any person may during the said period make submissions or observations to the State authority in relation to the effects on the environment of the proposed development.
( b ) furnish copies of the environmental impact statement to the planning authority in whose functional area the proposed development would be situated and to such other bodies as may be concerned with the proposal by virtue of their statutory functions, and shall indicate that submissions or observations may be submitted to the State authority in relation to the effects on the environment of the proposed development during the period specified in the notice published pursuant to the foregoing paragraph.
(4) Where a State authority considers that proposed development in respect of which an environmental impact statement has been prepared in accordance with subarticle (1) of this article would be likely to have significant effects on the environment in another Member State of the European Communities, or where another Member State likely to be significantly affected so requests, the authority shall consult that Member State in relation to the effects on the environment of the proposed development.
(5) Copies of the environmental impact statement shall be available for purchase by interested persons for a fee not exceeding the reasonable cost of making a copy of the statement.
(6) A State authority shall, before making a decision to undertake development in respect of which an environmental impact statement has been prepared in accordance with subarticle (1) of this article, have regard to the environmental impact statement, to any submissions or observations received in accordance with this article in relation to the effects on the environment of the proposed development, and to the views of other Member States of the European Communities arising from consultation, if any, pursuant to subarticle (4) of this article.
(7) ( a ) Notice of the decision of a State authority in relation to proposed development in respect of which an environmental impact statement has been prepared in accordance with subarticle (1) of this article shall be published in the Iris Oifigiúil and in one or more newspapers circulating in the area in which the proposed development would be situated.
( b ) The State authority shall notify any Member State of the European Communities with which consultation has taken place under subarticle (4) of this article of their decision in relation to the proposed development concerned.
(8) In this article “State authority” means any authority being a Minister of the Government or the Commissioners of Public Works in Ireland.
(9) This article shall not apply to any case where proposed development is otherwise required, under these Regulations or any other statutory provision, to comply with procedures for the purpose of giving effect to the Council Directive.
PART V MISCELLANEOUS
24 Specified development.
24. Development of the classes set out in Part I and Part II of the First Schedule is hereby specified for the purposes of these Regulations.
25 Specified information to be contained in an environmental impact statement.
25. An environmental impact statement for the purposes of these Regulations or of any enactment as amended or adapted by these Regulations shall contain the information specified in paragraph 2 of the Second Schedule and may also contain the information specified in paragraph 3 of that Schedule.
26 Saver for certain development.
26. Statutory provisions (including these Regulations) relating to the Council Directive shall not apply in relation to any development for the purposes of the defence of the State.
Article 24
FIRST SCHEDULE
DEVELOPMENT FOR THE PURPOSES OF THESE REGULATIONS
PART I
1. A crude-oil refinery (excluding an undertaking manufacturing only lubricants from crude oil) or an installation for the gasification and liquefaction of 500 tonnes or more of coal or bituminous shale per day.
2. A thermal power station or other combustion installation with a heat output of 300 megawatts or more, or a nuclear power station or other nuclear reactor (except a research installation for the production and conversion of fissionable and fertile materials, whose maximum power does not exceed 1 kilowatt continuous thermal load).
3. An installation designed solely for the permanent storage or final disposal of radioactive waste.
4. An integrated works for the initial melting of cast-iron and steel.
5. An installation for the extraction of asbestos or for the processing and transformation of asbestos or products containing asbestos:—
( a ) where the installation produces asbestos-cement products, with an annual production of more than 20,000 tonnes of finished products; or
( b ) where the installation produces friction material, with an annual production of more than 50 tonnes of finished products; or
( c ) in other cases, where the installation would utilise more than 200 tonnes of asbestos per year.
6. An integrated chemical installation.
7. A line for long-distance railway traffic, or an aerodrome with a basic runway length of 2,100 metres or more.
8. A trading port, or an inland waterway which permits the passage of vessels of over 1,350 tonnes or a port for inland waterway traffic capable of handling such vessels.
9. A waste disposal installation for the incineration or chemical treatment of hazardous waste, or the filling of land with such waste.
PART II
1. Agriculture
( a ) The use of uncultivated land or semi-natural areas for intensive agricultural purposes, where the area involved would be greater than 100 hectares.
( b ) Water-management projects for agriculture, where the catchment area involved would be greater than 1,000 hectares, or where more than 50 hectares of wetlands would be affected.
( c ) (i) Initial afforestation, where the area involved would be greater than 200 hectares; the replacement of broadleaf high forest by conifer species, where the area involved would be greater than 10 hectares.
(ii) Land reclamation for the purposes of conversion to another type of land use, where the area involved would be greater than 100 hectares.
( d ) Poultry-rearing installations, where the capacity would exceed 100,000 units and where units have the following equivalents;
1 broiler = 1 unit
1 layer, turkey or other fowl = 2 units.
( e ) Pig-rearing installations, where the capacity would exceed 1,000 units on gley soils or 3,000 units on other soils and where units have the following equivalents;
1 pig = 1 unit
1 sow = 10 units.
( f ) Seawater salmonid breeding installations with an output which would exceed 100 tonnes per annum; all salmonid breeding installations consisting of cage rearing in lakes; all salmonid breeding installations upstream of drinking water intakes; other freshwater salmonid breeding installations which would exceed 1 million smolts and with less than 1 cubic metre per second per 1 million smolts low flow diluting water.
( g ) Reclamation of land from the sea, where the area of reclaimed land would be greater than 20 hectares.
2. Extractive Industry
( a ) Peat extraction which would involve a new or extended area of 50 hectares.
( b ) All geothermal drilling and drilling for the storage of nuclear waste material; drilling for water supplies where the expected supply would exceed 5,000 cubic metres per day.
( c ) All extraction of minerals within the meaning of the Minerals Development Acts, 1940 to 1979.
( d ) Extraction of stone, gravel, sand or clay, where the area involved would be greater than 5 hectares.
( e ) All extraction of petroleum (excluding natural gas).
( f ) All onshore extraction of natural gas; offshore extraction of natural gas where the extraction would take place within 10 kilometres of the shoreline.
( g ) All surface industrial installations for the extraction of coal, petroleum (excluding natural gas), natural gas, ores, or bituminous shale.
( h ) All coke ovens (dry coal distillation).
( i ) All installations for the manufacture of cement.
3. Energy industry
( a ) Industrial installations for the production of electricity, steam and hot water (other than installations comprehended by Part I of this Schedule) with a heat output of 300 megawatts or more.
( b ) Industrial installations for carrying gas, steam and hot water with a potential heat output of 300 megawatts or more; transmission of electrical energy by overhead cables where the voltage would be 200 KV or more.
( c ) Installations for surface storage of natural gas, where the storage capacity would exceed 200 tonnes.
( d ) Installations for underground storage of combustible gases, where the storage capacity would exceed 200 tonnes.
( e ) Installations for surface storage of fossil fuels, where the storage capacity would exceed 100,000 tonnes.
( f ) Installations for industrial briquetting of coal and lignite, where the production capacity would exceed 150 tonnes per day.
( g ) All installations for the production or enrichment of nuclear fuels.
( h ) All installations for the reprocessing of irradiated nuclear fuels.
( i ) All installations for the collection and processing of radioactive waste (other than installations comprehended by Part I of this Schedule).
( j ) Installations for hydroelectric energy production with an output of 20 megawatts or more, or where the new or extended superficial area of water impounded would be 30 hectares or more, or where there would be a 30 per cent. change in the maximum, minimum or mean flows in the main river channel.
4. Processing of metals
( a ) Iron and steelworks, including foundries with a batch capacity of 5 tonnes or more, and forges, drawing plants and rolling mills where the production area would be greater than 500 square metres (other than installations comprehended by Part I of this Schedule).
( b ) Installations for the production (including smelting, refining, drawing and rolling) of non-ferrous metals excluding precious metals, where the melting capacity would exceed 0.5 tonnes or where the production area would be greater than 500 square metres.
( c ) Installations for pressing, drawing and stamping of large castings, where the production area would be greater than 500 square metres.
( d ) Installations for surface treatment and coating of metals, where the production area would be greater than 100 square metres.
( e ) Installations for boilermaking, manufacture of reservoirs, tanks and other sheet-metal containers, where the production area would be greater than 500 square metres.
( f ) All installations for manufacture and assembly of motor vehicles and manufacture of motor-vehicle engines.
( g ) Shipyards, where the area would be 5 hectares or more, or with capacity for vessels of 10,000 tonnes or more (deadweight).
( h ) All installations for the construction of aircraft with a seating capacity exceeding 10 passengers.
( i ) Manufacture of railway equipment, where the production area would be greater than 3,000 square metres.
( j ) Swaging by explosives, where the floor area involved would be greater than 100 square metres.
( k ) All installations for the roasting and sintering of metallic ores.
5. Manufacture of glass
Installations for the manufacture of glass, where the production capacity would exceed 5,000 tonnes per annum.
6. Chemical Industry
( a ) All installations for treatment of intermediate products and production of chemicals (other than installations comprehended by Part I of this Schedule).
( b ) All installations for production of pesticides and pharmaceutical products, paint and varnishes, elastomers and peroxides.
( c ) (i) Storage facilities for petroleum, where the storage capacity would exceed 50,000 tonnes,
(ii) Storage facilities for petrochemical and chemical products, where such facilities are isolated storage to which the provisions of Regulations 12 to 18 of the European Communities (Major Accident Hazards of Certain Industrial Activities) Regulations, 1986 ( S.I. No. 292 of 1986 ) apply.
7. Food industry
( a ) Installations for manufacture of vegetable and animal oils and fats, where the capacity for processing raw materials would exceed 40 tonnes per day.
( b ) Installations for packing and canning of animal and vegetable products, where the capacity for processing raw materials would exceed 100 tonnes per day.
( c ) Installations for manufacture of dairy products, where the processing capacity would exceed 50 million gallons of milk equivalent per annum.
( d ) All installations for commercial brewing and distilling; installations for malting, where the production capacity would exceed 100,000 tonnes per annum.
( e ) Installations for confectionery and syrup manufacture, where the production capacity would exceed 50,000 tonnes per annum.
( f ) Installations for the slaughter of animals, where the daily capacity would exceed 1,500 units and where units have the following equivalents;
1 sheep = 1 unit
1 pig = 2 units
1 head of cattle = 5 units.
( g ) All industrial starch manufacturing installations.
( h ) All fish-meal and fish-oil factories.
( i ) All sugar factories.
8. Textile, leather, wood and paper industries
( a ) All wool scouring, degreasing or bleaching factories.
( b ) All installations for manufacture of fibre board, particle board or plywood.
( c ) All installations for manufacture of pulp, paper or board.
( d ) Fibre-dyeing factories, where the dyeing capacity would exceed 1 tonne per day of fibre or yarn.
( e ) Cellulose-processing and production installations, where the production capacity would exceed 10,000 tonnes per annum.
( f ) Tannery, leather-dressing or fell-mongering factories, where the capacity would exceed 100 skins per day.
9. Rubber industry
Installations for manufacture and treatment of elastomer-based products, where the production capacity would exceed 10,000 tonnes per annum.
10. Infrastructure projects
( a ) Industrial-estate development projects, where the area would exceed 15 hectares.
( b ) Urban-development projects which would involve an area greater than 50 hectares in the case of projects for new or extended urban areas, and an area greater than 2 hectares within existing urban areas.
( c ) Ski-lifts and cable-cars, where the length would exceed 500 metres.
( d ) (i) construction of a new road (other than a motorway comprehended by the European Communities (Environmental Impact Assessment) (Motorways) Regulations, 1988 ( S.I. No. 221 of 1988 )) of four or more lanes, or the realignment or widening of an existing road so as to provide four or more lanes, where such new, realigned or widened road would be eight kilometres or more in length in a rural area, or 500 metres or more in length in an urban area.
(ii) construction of a new bridge which would be 100 metres or more in length.
(iii) new or extended harbours (other than a trading port comprehended by Part I of this Schedule), where the area, or additional area, of water enclosed would be 20 hectares or more, or which would involve the reclamation of 5 hectares or more of land, or which would involve the construction of additional quays exceeding 500 metres in length.
(iv) all aerodromes (other than aerodromes comprehended by Part I of this Schedule) with paved runways exceeding 800 metres in length.
( e ) Canalization and flood-relief works, where the catchment area involved would be greater than 5,000 hectares.
( f ) Dams and other installations designed to hold water or to store it on a long-term basis, where the new or extended area of water impounded would be 30 hectares or more.
( g ) All tramways, elevated and underground railways, suspended lines or similar lines of a particular type, used exclusively or mainly for passenger transport.
( h ) Oil and gas pipelines exceeding 80 kilometres in length.
( i ) Installation of overground aqueducts with a diameter of 1,000 millimetres or more and a length of 500 metres or more.
( j ) Sea water marinas where the number of berths would exceed 300 and fresh water marinas where the number of berths would exceed 100.
11. Other projects
( a ) Holiday villages involving more than 100 holiday homes, stationary caravans or trailers; hotel complexes having an area of 20 hectares or more or an accommodation capacity exceeding 400 beds.
( b ) All permanent racing and test tracks for cars and motor cycles.
( c ) Installations for the disposal of industrial and domestic waste with an annual intake greater than 25,000 tonnes (other than installations comprehended by Part I of this Schedule).
( d ) Waste water treatment plants with a capacity greater than 10,000 population equivalent.
( e ) Sludge-deposition sites where the expected annual deposition is 5,000 tonnes of sludge (wet).
( f ) Storage of scrap iron, where the site area would be greater than 5 hectares.
( g ) Test benches for engines, turbines or reactors, where the floor area would exceed 500 square metres.
( h ) All installations for manufacture of artificial mineral fibres.
( i ) All installations for manufacture, packing, loading or placing in cartridges of gunpowder and explosives.
( j ) All knackers’ yards in built-up areas.
12. ( a ) All modifications of developments of a class mentioned in paragraph 3 or paragraph 9 of Part I of this Schedule; all modifications of nuclear power stations or other nuclear reactors (except research installations for the production and conversion of fissionable and fertile materials, whose maximum power does not exceed one kilowatt continuous thermal load).
( b ) Modifications of developments of a class mentioned in paragraphs 1, 2 (other than nuclear installations), 4, 5, or 6 of Part I of this Schedule which would increase the productive capacity of the development concerned by 20 per cent. or more.
( c ) (i) Any extension of the runways of an aerodrome of a class mentioned in paragraph 7 of Part I of this Schedule which would increase the runway length by 30 per cent. or more.
(ii) Any modification of a port, inland waterway or inland waterway port of a class mentioned in paragraph 8 of Part I of this Schedule which would increase its traffic handling capacity by 20 per cent. or more.
Article 25
SECOND SCHEDULE
INFORMATION TO BE CONTAINED IN AN ENVIRONMENTAL IMPACT STATEMENT
1. An environmental impact statement shall contain the information specified in paragraph 2 (referred to in this Schedule as “the specified information”).
2. The specified information is—
( a ) a description of the development proposed, comprising information about the site and the design and size or scale of the development;
( b ) the data necessary to identify and assess the main effects which that development is likely to have on the environment;
( c ) a description of the likely significant effects, direct and indirect, on the environment of the development, explained by reference to its possible impact on—
human beings;
flora;
fauna;
soil;
water;
air;
climate;
the landscape;
the inter-action between any of the foregoing;
material assets;
the cultural heritage;
( d ) where significant adverse effects are identified with respect to any of the foregoing, a description of the measures envisaged in order to avoid, reduce or remedy those effects; and
( e ) a summary in non-technical language of the information specified above.
3. An environmental impact statement may include, by way of explanation or amplification of any specified information, further information on any of the following matters—
( a ) the physical characteristics of the proposed development, and the land-use requirements during the construction and operational phases;
( b ) the main characteristics of the production processes proposed, including the nature and quantity of the materials to be used;
( c ) the estimated type and quantity of expected residues and emissions (including pollutants of surface water and groundwater, air, soil and substrata, noise, vibration, light, heat and radiation) resulting from the proposed development when in operation;
( d ) (in outline) the main alternatives (if any) studied by the applicant, appellant or authority and an indication of the main reasons for choosing the development proposed, taking into account the environmental effects;
( e ) the likely significant direct and indirect effects on the environment of the development proposed which may result from—
(i) the use of natural resources;
(ii) the emission of pollutants, the creation of nuisances, and the elimination of waste;
( f ) the forecasting methods used to assess any effects on the environment about which information is given under subparagraph (e); and
( g ) any difficulties, such as technical deficiencies or lack of knowledge, encountered in compiling any specified information.
In paragraph (e), “effects” includes secondary, cumulative, short, medium and long term, permanent, temporary, positive and negative effects.
4. Where further information is included in an environmental impact statement pursuant to paragraph 3, a non-technical summary of that information shall also be provided.
GIVEN under the Official Seal of the Minister for the Environment
this 19th day of December, 1989.
PADRAIG FLYNN,
Minister for the Environment.
EXPLANATORY NOTE.
These Regulations provide for the incorporation into Irish law, in respect of relevant development other than motorways, of Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment. Effect was given to this Directive in respect of motorways by the European Communities (Environmental Impact Assessment) (motorways) Regulations, 1988 ( S.I. No. 221 of 1988 ).
The Regulations modify the provisions of the Local Government (Planning and Development) Acts, 1963 to 1983 so as to provide a framework for the application of Environmental Impact Assessment (EIA) to the planning control procedures under those Acts, and for the application of EIA to relevant development by local authorities. They also modify development consent procedures under 9 other enactments in light of the Directive’s requirements, and they establish an EIA procedure for relevant development by State authorities. The Regulations specify, in the First and Second Schedules respectively, the development for which EIA will be required and the information which must be furnished in an environmental impact statement prepared in connection with proposed development.
S.I. No. 84/1994 –
European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1994.
EUROPEAN COMMUNITIES (ENVIRONMENTAL IMPACT ASSESSMENT) (AMENDMENT) REGULATIONS, 1994.
In exercise of the powers conferred on the Minister for the Environment by section 3 of the European Communities Act, 1972 (No. 27 of 1972) and for the purpose of giving effect to the Council Directive of 27 June, 1985 (No. 85/337/EEC, O.J. No. L175/40, 5 July, 1985), which said powers are delegated to me by the Environment (Delegation of Ministerial Functions) Order, 1993 ( S.I. No. 127 of 1993 ), I, JOHN BROWNE, Minister of State at the Department of the Environment, hereby make the following Regulations:—
PART I PRELIMINARY AND GENERAL
1 Citation.
1. (1) These Regulations may be cited as the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1994.
(2) These Regulations and the European Communities (Environmental Impact Assessment) Regulations, 1989 ( S.I. No. 349 of 1989 ) shall be construed as one and may be collectively cited as the European Communities (Environmental Impact Assessment) Regulations, 1989 and 1994.
2 Commencement.
2. (1) These Regulations, other than Articles 6, 7, 10 for the purpose of revoking Article 23 of the 1989 Regulations, and 13 shall come into operation on the 13th day of April, 1994.
(2) Articles 6, 7 and 13 shall come into operation on the 16th day of May, 1994.
(3) Article 10, for the purpose of revoking Article 23 of the 1989 Regulations, shall come into operation on the 15th day of June, 1994.
3 Interpretation.
3. In these Regulations, save where the context otherwise requires:—
( a ) any reference to a Part which is not otherwise identified is a reference to a Part of these Regulations,
( b ) a reference to any enactment shall be construed as a reference to that enactment as amended or adapted by any subsequent enactment, including these Regulations.
PART II AMENDMENT OF LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACTS, 1963 TO 1993 AND EUROPEAN COMMUNITIES (ENVIRONMENTAL IMPACT ASSESSMENT) REGULATIONS, 1989
4 Definitions for Part II.
4. In this Part:—
“the Act of 1963” means the Local Government (Planning and Development) Act, 1963 (No. 28 of 1963);
“the Act of 1992” means the Local Government (Planning and Development) Act, 1992 (No. 14 of 1992);
“the 1989 Regulations” mean the European Communities (Environmental Impact Assessment) Regulations, 1989.
5 Amendment of section 25 of the Act of 1963.
5. Section 25 of the Act of 1963 is hereby amended by:—
(a) the substitution for subsections (2) (cc) (v) and (vi) (inserted by Article 7 (a) of the 1989 Regulations) thereof of the following:
“(v) the making of submissions or observations to the planning authority by persons other than the applicant in relation to development in respect of which the authority has received an environmental impact statement,
(vi) the making available for purchase of copies of environmental impact statements or extracts from such statements,”;
(b) the substitution for subsection (3) (c) (inserted by Article 7 (b) of the 1989 Regulations) thereof of the following:
“(c) The Minister shall, as soon as may be—
(i) notify the planning authority concerned of his decision on any request made to him under paragraph (a) of this subsection, and of any requirements applied under paragraph (b) of this subsection, and
(ii) where the proposed development to which the request relates comprises or is for the purposes of an activity in relation to which a licence under Part IV of the Environmental Protection Agency Act, 1992 (No. 7 of 1992) is required, notify the Environmental Protection Agency of his decision on the request, and of any requirements applied under paragraph (b) of this subsection which relate to the risk of environmental pollution from the activity.”;
( c ) the substitution for subsection (4) (a) (inserted by Article 7 (b) of the 1989 Regulations) thereof of the following:
“(a) A person who makes a request to the Minister for an exemption under subsection (3) of this section shall, as soon as may be—
(i) inform the planning authority concerned of the making of the request and the date on which it was made, and
(ii) where the proposed development comprises or is for the purposes of an activity in relation to which a licence under Part IV of the Environmental Protection Agency Act, 1992 (No. 7 of 1992) is required, notify the Environmental Protection Agency of the making of the request and the date on which it was made.”.
6 Amendment of section 26 of Act of 1963.
6. Section 26 of the Act of 1963 is hereby amended by:—
( a ) the substitution for subsection (1A) (inserted by Article 8 (a) of the 1989 Regulations) thereof of the following subsection:
“(1A) (a) Without prejudice to subsection (1) of this section, and subject to paragraph (b) of this subsection, a planning authority shall, in dealing with an application for permission for the development of land in respect of which an environmental impact statement was submitted to them in accordance with a requirement of or under regulations under section 25 (as amended by the European Communities (Environmental Impact Assessment) Regulations, 1989 and 1994) of this Act, have regard to—
(i) the said statement,
(ii) any supplementary information relating to the said statement furnished to them by the applicant in accordance with a requirement under regulations under the said section 25,
(iii) any submissions or observations concerning the effects on the environment of the proposed development made to them by persons other than the applicant in accordance with regulations under the said section 25, and
(iv) where appropriate, the views of other Member States of the European Communities in relation to the effects on the environment of the proposed development.
( b ) Notwithstanding paragraph (a) of this subsection, a planning authority shall, in dealing with an application for permission for the development of land where the development comprises or is for the purposes of an activity to which a licence under Part IV of the Environmental Protection Agency Act, 1992 (No. 7 of 1992) is required, have regard to the matters referred to in the said paragraph
( a ) only insofar as those matters do not relate to the risk of environmental pollution from the activity.”;
(b) the insertion after subsection (5) (d) (inserted by section 3 (a) of the Act of 1992) thereof of the following:
“(dd) Notwithstanding paragraph (d) of this subsection, the Board shall, in determining on appeal an application for permission for the development of land where the development comprises or is for the purposes of an activity in relation to which a licence under Part IV of the Environmental Protection Agency Act, 1992 (No. 7 of 1992) is required, have regard to the matters referred to in the said paragraph (d) only insofar as those matters do not relate to the risk of environmental pollution from the activity.”.
7 Amendment of section 41 of Act of 1963.
7. Section 41 of the Act of 1963 is hereby amended by the insertion after subsection (1) (aa) (inserted by Article 9 of the 1989 Regulations) thereof of the following:—
“(aaa) where the development forming the subject of an application in respect of which an environmental impact statement was submitted comprises or is for the purposes of an activity in relation to which a licence under Part IV of the Environmental Protection Agency Act, 1992 (No. 7 of 1992) is required, an indication of this fact,”.
8 Amendment of section 78 of Act of 1963.
8. Section 78 of the Act of 1963 is hereby amended by the substitution for subsection (2) (g) (inserted by Article 10 of the 1989 Regulations) thereof of the following:—
“(g) require the availability for public inspection of environmental impact statements, the availability for purchase of copies of such statements or extracts therefrom and the furnishing of copies of such statements to the Minister and to any other specified persons,”.
9 Amendment of section 18 of Act of 1992.
9. Section 18 of the Act of 1992 is hereby amended by the substitution for subsection (2) (b) (iii) thereof of the following:—
“(iii) to require the submission to the Board by the applicant of additional information in relation to the development to which the appeal relates, and”.
10 Revocations.
10. Articles 12, 15 and 23 of the 1989 Regulations are hereby revoked.
PART III AMENDMENT OF THE ENVIRONMENTAL PROTECTION AGENCY ACT, 1992
11 Definitions for Part III.
11. In this Part, “the Act of 1992” means the Environmental Protection Agency Act, 1992 (No. 7 of 1992).
12 Amendment of section 3 of Act of 1992.
12. Section 3 of the Act of 1992, is hereby amended by the insertion in subsection (1) thereof, after the definition of “enactment”, of the following definition:—
‘”environmental impact statement” means a statement prepared in accordance with a requirement of or under regulations under section 25 (as amended by the European Communities (Environmental Impact Assessment) Regulations, 1989 and 1994) of the Act of 1963 of the effects, if any, which proposed development, if carried out, would have on the environment;’.
13 Amendment of section 83 of Act of 1992.
13. Section 83 of the Act of 1992 is hereby amended by the insertion after subsection (2) (c) thereof of the following:—
“(cc) (i) the environmental impact statement (if any) submitted with the application,
(ii) any submissions or observations made to the Agency in relation to the environmental impact statement,
(iii) any further information or particulars submitted in relation to the environmental impact statement in compliance with a notice given under regulations under section 87, and
(iv) where appropriate, the views of other Member States of the European Communities in relation to the effects on the environment of the proposed activity,
insofar as the statement, submissions, views, observations, information or particulars relate to the risk of environmental pollution from the activity,”.
14 Amendment of section 87 of Act of 1992.
14. Section 87 of the Act of 1992 is hereby amended by:—
(a) the substitution for subsection (2) (d) and (e) thereof of the following:
“(d) specifying the submissions, plans, documents, and other information and particulars, including environmental impact statements, to be forwarded to the Agency or other specified person by applicants, licensees, objectors, or other persons within such periods as may be specified,
(e) requiring applicants, licensees, objectors or other persons to furnish to the Agency or any other specified person, within such period as may be specified, such additional information or particulars relating to applications, including environmental impact statements, or reviews as the Agency may request,”;
(b) the insertion after subsection (2) (f) (ii) thereof of the following:
“(iii) to such period as the Agency may consider appropriate or as may be requested by the Minister in the case of an application for a licence for an activity which is likely to have significant effects on the environment in another Member State of the European Communities and in respect of which an environmental impact statement has been or will be submitted,
(iv) to two months after the day on which an exemption under section 25 (3) (inserted by the European Communities (Environmental Impact Assessment) Regulations, 1989 and 1994) of the Act of 1963 has been granted by the Minister,”;
(c) the substitution for subsection (2) (h) thereof of the following:
“(h) procedures to be followed by the Agency in the processing of applications or reviews, including consultation procedures in relation to an environmental impact statement whether or not an oral hearing is held, and the times within which such procedures shall be carried out,”.
Dated this 13th day of April, 1994.
JOHN BROWNE,
Minister of State at the Department of the Environment.
EXPLANATORY NOTE.
These regulations provide for the amendment of the Local Government (Planning and Development) Acts, 1963 to 1993; the European Communities (Environmental Impact Assessment) Regulations, 1989 and the Environmental Protection Agency Act, 1992 , for the purpose of giving effect to Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment. The amendments arise principally from the coming into operation of integrated licensing function of the Environmental Protection Agency which includes a role in relation to environmental impact statements for licensable activities concerned.
S.I. No. 101/1996 – European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1996.
View SIAmendments
S.I. No. 101 of 1996.
EUROPEAN COMMUNITIES (ENVIRONMENTAL IMPACT ASSESSMENT) (AMENDMENT) REGULATIONS, 1996.
The Minister for the Environment, in exercise of the powers conferred on him by section 3 of the European Communities Act, 1972 (No. 27 of 1972) and for the purpose of giving effect to the Council Directive of 27 June, 1985 (No. 85/337/EEC, O.J. No. L175/40, 5 July, 1985), hereby makes the following Regulations:—
1 Citation.
1. (1) These Regulations may be cited as the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1996.
(2) These Regulations, the European Communities (Environmental Impact Assessment) Regulations, 1989 ( S.I. No. 349 of 1989 ) and the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1994 ( S.I. No. 84 of 1994 ) shall be construed as one and may be collectively cited as the European Communities (Environmental Impact Assessment) Regulations, 1989 to 1996.
2 Commencement.
2. These Regulations shall come into operation on the 1st day of October, 1996.
3 Amendment of European Communities (EIA) Regulations, 1989.
3. Part II of the First Schedule to the European Communities (Environmental Impact Assessment) Regulations, 1989 is hereby amended by the substitution for subparagraph (c) of paragraph 1 thereof of the following subparagraph:
“(c) (i) Initial afforestation where the area involved, either on its own or taken together with any adjacent area planted by or on behalf of the applicant within the previous three years, would result in a total area planted exceeding 70 hectares and for the purposes of this subparagraph an area, other than an area planted before the 1st day of October, 1996 shall be deemed to be adjacent if its nearest point lies within 500 metres of any part of the area involved.
(ii) Replacement of broadleaf high forest by conifer species, where the area involved would exceed 10 hectares.
(iii) Land reclamation for the purposes of conversion to another type of land use, where the area involved would be greater than 100 hectares.”.
GIVEN under the Official Seal of the Minister for the Environment,
this 10th day of April, 1996.
BRENDAN HOWLIN,
Minister for the Environment.
EXPLANATORY NOTE.
These Regulations amend the European Communities (Environmental Impact Assessment) Regulations, 1989 ( S.I. No. 349 of 1989 ) by reducing the threshold at which afforestation requires Environmental Impact Assessment from 200 hectares to 70 hectares. A corresponding change has been made in the Local Government (Planning and Development) Regulations, 1996 ( S.I. No. 100 of 1996 ) in relation to the threshold at which afforestation requires planning permission.
S.I. No. 351/1998 –
European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1998
EUROPEAN COMMUNITIES (ENVIRONMENTAL IMPACT ASSESSMENT) (AMENDMENT) REGULATIONS, 1998
The Minister for the Environment and Local Government, in exercise of the powers conferred on him by section 3 of the European Communities Act, 1972 (No. 27 of 1972) and for the purpose of giving effect to the Council Directive of 27 June 1985 (No. 85/337/EEC, O.J. No. L175/40, 5 July 1985), hereby makes the following Regulations:—
PART I PRELIMINARY AND GENERAL
1. (1) These Regulations may be cited as the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1998.
(2) These Regulations, the European Communities (Environmental Impact Assessment) Regulations, 1989 ( S.I. No. 349 of 1989 ), the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1994 ( S.I. No. 84 of 1994 ) and the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1996 ( S.I. No. 101 of 1996 ) shall be construed as one and may be collectively cited as the European Communities (Environmental Impact Assessment) Regulations, 1989 to 1998.
2. In these Regulations,
“the Act of 1963” means the Local Government (Planning and Development) Act, 1963 (No. 28 of 1963);
“the 1989 Regulations” means the European Communities (Environmental Impact Assessment) Regulations, 1989 ( S.I. No. 349 of 1989 ).
PART II AMENDMENT OF THE LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACTS, 1963 TO 1998, AND THE EUROPEAN COMMUNITIES (ENVIRONMENTAL IMPACT ASSESSMENT) REGULATIONS, 1989 TO 1996.
3. Section 25 of the Act of 1963 is hereby amended by—
(a) the substitution for paragraph (b) of subsection (3) thereof, as inserted by article 7 of the 1989 Regulations, of the following paragraph :—
” (b) The Minister shall, in granting an exemption under paragraph (a) of this subsection, consider whether —
(i) the effects, if any, of the proposed development on the environment should be assessed in some other manner, and
(ii) the information collected in the course of such assessment should be made available to members of the public,
and he may, by order, apply such requirements regarding these matters in relation to the application for permission as he considers necessary or appropriate.”;
(b) the substitution for paragraph (d) of subsection (3) thereof, as inserted by article 7 of the 1989 Regulations, of the following paragraph :—
” (d) Notice of any exemption granted under paragraph (a) of this subsection, of the reasons for granting such exemption, and of any requirements applied under paragraph (b) of this subsection shall, as soon as may be, —
(i) be published in the Iris Oifigiuil and in at least one daily newspaper published in the State, and
(ii) be given, together with a copy of the information, if any, made available to members of the public in accordance with the said paragraph (b), to the Commission of the European Communities.”;
(c) the addition after subsection (4), as inserted by article 7 of the 1989 Regulations, of the following subsection :—
” (5) Where an applicant is required to submit an environmental impact statement in respect of proposed development and the development is likely to have significant effects on the environment in another Member State of the European Communities, the planning authority concerned may enter into consultations with such State regarding the effects of the development on the environment in that State.”.
4. Section 26 of the Act of 1963 is hereby amended by—
(a) the insertion after subparagraph (ii) of paragraph (b) of subsection (4) thereof of the following subparagraph :—
“(iiA) where an applicant is required to submit an environmental impact statement in respect of proposed development and the development is likely to have significant effects on the environment in another Member State of the European Communities, within —
(I) the period of two months beginning on the day on which submissions or observations in relation to the development have been made by such State and related consultations (if any) have been completed, or
(II) the period within the meaning of subparagraphs (i) or (ii) above,
whichever period ends the later;”;
(b) the deletion of subsection (4AA) thereof, as inserted by article 8 of the 1989 Regulations.
5. Section 78 of the Act of 1963 is hereby amended by the substitution for paragraphs (b) and (c) of subsection (3) thereof, as inserted by article 10 of the 1989 Regulations, of the following paragraphs :—
” (b) The Minister shall, in granting an exemption under paragraph (a) of this subsection, consider whether —
(i) the effects, if any, of the proposed development on the environment should be assessed in some other manner, and
(ii) the information collected in the course of such assessment should be made available to members of the public,
and he may, by order, apply such requirements regarding these matters as he considers necessary or appropriate.
(c) Notice of any exemption granted under paragraph (a) of this subsection, of the reasons for granting such exemption, and of any requirements applied under paragraph (b) of this subsection shall, as soon as may be, —
(i) be published in the Iris Oifigiuil and in at least one daily newspaper published in the State, and
(ii) be given, together with a copy of the information, if any, made available to members of the public in accordance with the said paragraph (b), to the Commission of the European Communities.”.
6. The 1989 Regulations are hereby amended by the substitution for article 25 thereof of the following article :—
“25. (1) An environmental impact statement for the purposes of these Regulations or of any enactment as amended or adapted by these Regulations shall contain —
(a) the information specified in paragraph 1 of the Second Schedule,
(b) the information specified in paragraph 2 of the Second Schedule to the extent that —
(i) such information is relevant to a given stage of the consent procedure and to the specific characteristics of the development or type of development concerned and of the environmental features likely to be affected, and
(ii) the person or persons preparing the environmental impact statement may reasonably be required to compile such information having regard, inter alia, to current knowledge and methods of assessment, and
(c) a summary in non-technical language of the information required pursuant to paragraphs (a) and (b).”.
7. The 1989 Regulations are hereby amended by the substitution for the Second Schedule thereto of the following Schedule :—
“INFORMATION TO BE CONTAINED IN AN ENVIRONMENTAL IMPACT STATEMENT
1. (a) A description of the proposed development, comprising information about the site and the design and size or scale of the development;
(b) The data necessary to identify and assess the main effects which that development is likely to have on the environment;
(c) A description of the likely significant effects, direct and indirect, on the environment of the development, explained by reference to its possible impact on —
human beings;
flora;
fauna;
soil;
water;
air;
climate;
the landscape;
the interaction between any of the foregoing;
material assets;
the cultural heritage;
(d) Where significant adverse effects are identified with respect to any of the foregoing, a description of the measures envisaged in order to avoid, reduce, and, if possible, remedy those effects.
2. Further information, by way of explanation or amplification of the information referred to in paragraph 1, on the following matters —
(a) the physical characteristics of the proposed development, and the land use requirements during the construction and operational phases;
(b) the main characteristics of the production processes proposed, including the nature and quantity of the materials to be used;
(c) the estimated type and quantity of expected residues and emissions (including pollutants of surface water and groundwater, air, soil and substrata, noise, vibration, light, heat and radiation) resulting from the proposed development when in operation;
(d) (in outline) the main alternatives (if any) studied by the applicant, appellant or authority and an indication of the main reasons for choosing the development proposed, taking into account the environmental effects;
(e) the likely significant direct and indirect effects (including secondary, cumulative, short, medium and long term, permanent, temporary, positive and negative effects) on the environment of the proposed development which may result from —
(i) the use of natural resources;
(ii) the emission of pollutants, the creation of nuisances, and the elimination of waste;
(f) the forecasting methods used to assess any effects on the environment about which information is given under subparagraph (e) ; and
(g) any difficulties, such as technical deficiencies or lack of knowledge, encountered in compiling information in this Schedule.”.
PART III AMENDMENT OF MISCELLANEOUS ENACTMENTS
8. The Foreshore Act, 1933 (No. 12 of 1933), is hereby amended by—
(a) the substitution for paragraphs (b) and (c) of subsection (4) of section 13A thereof, as inserted by article 13 of the 1989 Regulations, of the following paragraphs :—
“(b) The Minister shall, in granting an exemption under paragraph (a) of this subsection, consider whether —
(i) the effects, if any, of the proposed development on the environment should be assessed in some other manner, and
(ii) the information collected in the course of such assessment should be made available to members of the public,
and he may, by order, apply such requirements regarding these matters in relation to the relevant application or the proposed relevant application as he considers necessary or appropriate.
(c) Notice of any exemption granted under paragraph (a) of this subsection, of the reasons for granting such exemption and of any requirements applied under paragraph (b) of this subsection shall, as soon as may be, —
(i) be published in the Iris Oifigiuil and in one or more newspapers circulating in the district in which is situated the foreshore to which the relevant application or the proposed relevant application relates, and
(ii) be given, together with a copy of the information, if any, made available to members of the public in accordance with the said paragraph (b), to the Commission of the European Communities.”;
(b) the addition after subsection (2) of section 19B thereof, as inserted by article 13 of the 1989 Regulations, of the following subsection :—
” (3) The Minister shall, where he considers that further information furnished in accordance with a requirement under subsection (2) of this section contains significant additional data in relation to the effects on the environment of the proposal, require the applicant to —
(a) publish in one or more newspapers circulating in the district in which is situated the foreshore to which the relevant application relates a notice stating that significant further information in relation to the said effects has been furnished to the Minister, that the further information will be available, for inspection free of charge or for purchase, at a specified place and at specified times during a specified period, and that submissions or observations in relation to the further information may be made in writing to the Minister before the expiry of the said period, and
(b) send notice of the furnishing to the Minister of significant further information, and a copy of the further information, to the prescribed bodies, and to indicate to those bodies that submissions or observations in relation to the further information may be made in writing to the Minister before a specified date.”.
9. Section 37A of the Air Navigation and Transport Act, 1936 (No. 40 of 1936), as inserted by article 14 of the 1989 Regulations, is hereby amended by—
(a) the addition after paragraph (b) of subsection (5) thereof of the following paragraph :—
“(c) The Minister shall, where he considers that further information furnished in accordance with a requirement under paragraph (b) of this subsection contains significant additional data in relation to the effects on the environment of the proposed aerodrome, require the relevant local authority to —
(i) publish in one or more newspapers circulating in the area of the proposed aerodrome a notice stating that significant further information in relation to the said effects has been furnished to the Minister, that the further information will be available, for inspection free of charge or for purchase, at a specified place and at specified times during a specified period, and that submissions or observations in relation to the further information may be made in writing to the Minister before the expiry of the said period, and
(ii) send notice of the furnishing to the Minister of significant further information, and a copy of the further information, to the prescribed bodies, and to indicate to those bodies that submissions or observations in relation to the further information may be made in writing to the Minister before a specified date.”;
(b) the substitution for paragraphs (b) and (c) of subsection (6) thereof of the following paragraphs :—
“(b) The Minister shall, in granting an exemption under paragraph (a) of this subsection, consider whether —
(i) the effects, if any, of the proposed aerodrome on the environment should be assessed in some other manner, and
(ii) the information collected in the course of such assessment should be made available to members of the public,
and he may, by order, apply such requirements regarding these matters in relation to the application or the proposed application as he considers necessary or appropriate.
(c) Notice of any exemption granted under paragraph (a) of this subsection, of the reasons for granting such exemption and of any requirements applied under paragraph (b) of this subsection shall, as soon as may be, —
(i) be published in the Iris Oifigiuil and in one or more newspapers circulating in the area of the proposed aerodrome, and
(ii) be given, together with a copy of the information, if any, made available to members of the public in accordance with the said paragraph (b), to the Commission of the European Communities.”.
10. The Arterial Drainage Act, 1945 (No. 3 of 1945) is hereby amended by—
(a) the substitution for paragraphs (b) and (c) of subsection (2B) of section 4 thereof, as inserted by article 16 of the 1989 Regulations, of the following paragraphs :—
“(b) The Minister shall, in granting an exemption under paragraph (a) of this subsection, consider whether —
(i) the effects, if any, of the proposed drainage works on the environment should be assessed in some other manner, and
(ii) the information collected in the course of such assessment should be made available to members of the public,
and he may, by order, apply such requirements regarding these matters in relation to the proposed drainage scheme as he considers necessary or appropriate.
(c) Notice of any exemption granted under paragraph (a) of this subsection, of the reasons for granting such exemption and of any requirements applied under paragraph (b) of this subsection shall, as soon as may be, —
(i) be published in the Iris Oifigiuil and in one or more newspapers circulating in the area to be constituted a separate drainage district under the proposed drainage scheme, and
(ii) be given, together with a copy of the information, if any, made available to members of the public in accordance with the said paragraph (b), to the Commission of the European Communities.”;
(b) the addition after subsection (4) of section 7 thereof, as inserted by article 16 of the 1989 Regulations, of the following subsection :—
” (5) (a) Where, in accordance with subsection (2A) of section 4 of this Act, a drainage scheme contains an environmental impact statement, the Minister may, where he considers it necessary so to do, require the Commissioners to furnish to him such further information in relation to the effects on the environment of the proposed drainage works as the Minister may specify.
(b) The Minister shall, where he considers that further information furnished in accordance with a requirement under paragraph (a) of this subsection contains significant additional data in relation to the effects on the environment of the proposed drainage works, require the Commissioners to —
(i) publish in one or more newspapers circulating in the area to be constituted a separate drainage district under the proposed drainage scheme a notice stating that significant further information in relation to the said effects has been furnished to the Minister, that the further information will be available, for inspection free of charge or for purchase, at a specified place and at specified times during a specified period (which shall be not longer than one month), and that submissions or observations in relation to the further information may be made in writing to the Minister before the expiry of the said period, and
(ii) send notice of the furnishing to the Minister of significant further information, and a copy of the further information, to such bodies as may be prescribed by the Minister by regulations, and to indicate to those bodies that submissions or observations in relation to the further information may be made in writing to the Minister before the expiry of a specified period (which shall not be longer than one month).”.
11. Section 138 of the Harbours Act, 1946 (No. 9 of 1946) is hereby amended by—
(a) the substitution for paragraphs (b) and (c) of subsection (2B) thereof, as inserted by article 17 of the 1989 Regulations, of the following paragraphs :—
” (b) The Minister shall, in granting an exemption under paragraph (a) of this subsection, consider whether —
(i) the effects, if any, of the proposed works on the environment should be assessed in some other manner, and
(ii) the information collected in the course of such assessment should be made available to members of the public,
and he may, by order, apply such requirements regarding these matters in relation to the application for the harbour works order as he considers necessary or appropriate.
(c) Notice of any exemption granted under paragraph (a) of this subsection, of the reasons for granting such exemption and of any requirements applied under paragraph (b) of this subsection shall, as soon as may be, —
(i) be published in the Iris Oifigiuil and in two newspapers circulating in the county in which is situated the principal office of the harbour authority concerned, and
(ii) be given, together with a copy of the information, if any, made available to members of the public in accordance with the said paragraph (b) , to the Commission of the European Communities.”;
(b) the insertion after subsection (3) of section 138 thereof of the following subsection : —
” (3A) (a) Without prejudice to the generality of subsection (3) , where, in accordance with subsection (2A) of this section, an application for a harbour works order contains an environmental impact statement, the Minister may, where he considers it necessary so to do, require the relevant harbour authority to furnish to him such further information in relation to the effects on the environment of the proposed works as the Minister may specify.
(b) The Minister shall, where he considers that further information furnished in accordance with a requirement under paragraph (a) of this subsection contains significant additional data in relation to the effects on the environment of the proposed works, require the relevant harbour authority to —
(i) publish, in two newspapers circulating in the county in which is situated the principal office of the harbour authority a notice stating that significant further information in relation to the said effects has been furnished to the Minister, that the further information will be available, for inspection free of charge or for purchase, at a specified place and at specified times during a specified period, and that submissions or observations in relation to the further information may be made in writing to the Minister before the expiry of the said period, and
(ii) send notice of the furnishing to the Minister of significant further information, and a copy of the further information, to such bodies as may be specified by the Minister and to indicate to those bodies that submissions or observations in relation to the further information may be made in writing to the Minister before a specified date.”.
12. Section 13A of the Petroleum and Other Minerals Development Act, 1960 (No. 7 of 1960), as inserted by article 19 of the 1989 Regulations, is hereby amended by—
(a) the addition after paragraph (b) of subsection (5) thereof of the following paragraph : —
” (c) The Minister shall, where he considers that further information furnished in accordance with a requirement under paragraph (b) of this subsection contains significant additional data in relation to the effects on the environment of the proposed working of petroleum, require the applicant to —
(i) publish in at least one daily newspaper published in the State a notice stating that significant further information in relation to the said effects has been furnished to the Minister, that the further information will be available, for inspection free of charge or for purchase, at a specified place and at specified times during a specified period, and that submissions or observations in relation to the further information may be made in writing to the Minister before the expiry of the said period, and
(ii) send notice of the furnishing to the Minister of significant further information, and a copy of the further information, to the prescribed bodies and to indicate to those bodies that submissions or observations in relation to the further information may be made in writing to the Minister before a specified date.”;
(b) the substitution for paragraphs (b) and (c) of subsection (6) thereof of the following paragraphs : —
” (b) The Minister shall, in granting an exemption under paragraph (a) of this subsection, consider whether —
(i) the effects, if any, of the proposed working of petroleum on the environment should be assessed in some other manner, and
(ii) the information collected in the course of such assessment should be made available to members of the public,
and he may, by order, apply such requirements regarding these matters in relation to the plan or the proposed plan as he considers necessary or appropriate.
(c) Notice of any exemption granted under paragraph (a) of this subsection, of the reasons for granting such exemption and of any requirements applied under paragraph (b) of this subsection shall, as soon as may be, —
(i) be published in the Iris Oifigiuil and in at least one daily newspaper published in the State, and
(ii) be given, together with a copy of the information, if any, made available to members of the public in accordance with the said paragraph (b), to the Commission of the European Communities.”.
13. Section 40A of the Gas Act, 1976 (No. 30 of 1976) , as inserted by article 20 of the 1989 Regulations, is hereby amended by—
(a) the addition after paragraph (b) of subsection (5) thereof of the following paragraph : —
” (c) The Minister shall, where he considers that further information furnished in accordance with a requirement under paragraph (b) of this subsection contains significant additional data in relation to the effects on the environment of the proposed pipeline, require the Board or other person, as the case may be, to —
(i) publish in one or more newspapers circulating in the area of the proposed pipeline a notice stating that significant further information in relation to the said effects has been furnished to the Minister, that the further information will be available, for inspection free of charge or for purchase, at a specified place and at specified times during a specified period, and that submissions or observations in relation to the further information may be made in writing to the Minister before the expiry of the said period, and
(ii) send notice of the furnishing to the Minister of significant further information, and a copy of the further information, to the prescribed bodies and to indicate to those bodies that submissions or observations in relation to the further information may be made in writing to the Minister before a specified date.”;
(b) the substitution for paragraphs (b) and (c) of subsection (6) thereof of the following paragraphs : —
” (b) The Minister shall, in granting an exemption under paragraph (a) of this subsection, consider whether —
(i) the effects, if any, of the proposed pipeline on the environment should be assessed in some other manner, and
(ii) the information collected in the course of such assessment should be made available to members of the public,
and he may, by order, apply such requirements regarding these matters in relation to the application or notice, or the proposed application or notice, as the case may be, as he considers necessary or appropriate.
(c) Notice of any exemption granted under paragraph (a) of this subsection, of the reasons for granting such exemption and of any requirements applied under paragraph (b) of this subsection shall, as soon as may be, —
(i) be published in the Iris Oifigiuil and in one or more newspapers circulating in the area of the proposed pipeline, and
(ii) be given, together with a copy of the information, if any, made available to members of the public in accordance with the said paragraph (b), to the Commission of the European Communities.”.
14. The Roads Act, 1993 (No. 14 of 1993), is hereby amended by—
(a) the substitution for subsection (3) of section 50 thereof of the following subsection : —
” (3) An environmental impact statement shall, in addition to and by way of explanation or amplification of the specified information referred to in subsection (2) , contain further information on the following matters : —
(a) the estimated type and quantity of expected emissions resulting from the proposed road development when in operation;
(b) the likely significant direct and indirect effects (including secondary, cumulative, short, medium and long term, permanent and temporary, positive and negative effects) on the environment of the development proposed which may result from —
(i) the use of natural resources,
(ii) the emission of pollutants, the creation of nuisances, and the elimination of waste;
(c) the forecasting methods used to assess any effects on the environment about which information is given under sub-paragraph (b) ; and
(d) any difficulties, such as technical deficiencies or lack of knowledge, encountered in compiling any specified information;
to the extent that such information is relevant to a given stage of the consent procedure and to the specific characteristics of the development or type of development concerned, and of the environmental features likely to be affected, and the road authority preparing the environmental impact statement may reasonably be required to compile such information having regard, inter alia, to current knowledge and methods of assessment.”;
(b) the insertion after subsection (4) of section 51 thereof of the following subsection : —
” (4A) The Minister shall, where he considers that additional information furnished in accordance with a requirement under subsection (4) contains significant additional data in relation to the effects on the environment of the proposed road development, require the relevant road authority to —
(a) publish in one or more newspapers circulating in the area in which the proposed road development would take place a notice stating that significant additional information in relation to the said effects has been furnished to the Minister, that the additional information will be available, for inspection or for purchase (on payment of a specified fee not exceeding the reasonable cost of making a copy) , at a specified place and at specified times during a specified period, and that submissions or observations in relation to the additional information may be made in writing to the Minister before a specified date, and
(b) send notice of the furnishing to the Minister of significant additional information, and a copy of the additional information, to the bodies and persons and the authority (where appropriate) referred to in subsections (3) (b) and (c) and to indicate to such bodies and persons and the authority (where appropriate) that submissions or observations in relation to the additional information may be made in writing to the Minister before a specified date.”.
15. Section 5 of the Transport (Dublin Light Rail) Act, 1996 (No. 24 of 1996) , is hereby amended by the substitution for subsection (2) of the following subsection :—
” (2) An environmental impact statement shall, in addition to and by way of explanation or amplification of the specified information referred to in subsection (1) , contain further information on the following matters : —
(a) the estimated type and quantity of expected emissions resulting from the proposed light railway works when in operation,
(b) the likely significant direct and indirect effects (including secondary, cumulative, short, medium and long term, permanent and temporary, positive and negative effects) on the environment of the proposed light railway works which may result from —
(i) the use of natural resources,
(ii) the emission of pollutants, the creation of nuisances and the elimination of waste,
(c) the forecasting methods used to assess any effects on the environment about which information is given under paragraph (b), and
(d) any difficulties, such as technical deficiencies or lack of knowledge, encountered in compiling any specified information,
to the extent that such information is relevant to a given stage of the consent procedure or to the specific characteristics of the development or type of development concerned, and of the environmental features likely to be affected, and the Board may reasonably be required to compile such information having regard, inter alia, to current knowledge and methods of assessment.”.
16. Section 26 of the Dublin Docklands Development Authority Act, 1997 (No. 7 of 1997) , is hereby amended by—
(a) the insertion after subsection (5) thereof of the following subsection : —
” (5A) (a) Where an environmental impact statement has been furnished pursuant to subsection (5) , the Minister may, where he considers it necessary so to do, require the Authority to furnish to him such further information in relation to the effects on the environment of the proposed development as he may specify.
(b) The Minister shall, where he considers that further information furnished in accordance with a requirement under paragraph (a) of this subsection contains significant additional data in relation to the effects on the environment of the proposed development, require the Authority to —
(i) consult, in relation to the further information, with Dublin Corporation and with such statutory bodies as appear to the Authority to have an interest in the area to which the planning scheme relates, and
(ii) make arrangements for the making of submissions by interested persons in relation to the further information.”;
(b) the addition after subsection (6) thereof of the following subsections : —
” (7) (a) The Minister may, by order, where he is satisfied that exceptional circumstances so warrant and after consultation with Dublin Corporation, exempt a planning scheme from the requirement of subsection (1) (a) of this section.
(b) The Minister shall, in granting an exemption under paragraph (a) of this subsection, consider whether —
(i) the effects, if any, of the proposed development on the environment should be assessed in some other manner, and
(ii) the information collected in the course of such assessment should be made available to members of the public,
and he may, by order, apply such requirements regarding these matters in relation to the planning scheme as he considers necessary or appropriate.
(c) Notice of any exemption granted under paragraph (a) of this subsection, of the reasons for granting such exemption and of any requirements applied under paragraph (b) of this subsection shall, as soon as may be, —
(i) be published in the Iris Oifigiuil and in at least one daily newspaper published in the State, and
(ii) be given, together with a copy of the information, if any, made available to members of the public in accordance with the said paragraph (b) , to the Commission of the European Communities.”.
Given under the Official Seal of the Minister for the Environment and Local Government this 18th day of September 1998.
Noel Dempsey
Minister for the Environment and Local Government.
EXPLANATORY NOTE
These Regulations amend the European Communities (Environmental Impact Assessment) Regulations, 1989 to 1996, and provisions relating to environment impact assessment in the Local Government (Planning and Development) Acts, 1963 to 1998 and a number of other Acts . The amendments restate provisions relating to the information to be contained in an environmental impact statement and exemptions from the requirement to prepare an environmental impact statement. The Regulations also extend the provisions concerning the furnishing of additional information relating to an environmental impact assessment.
The Regulations also include provisions relating to applications for planning permission involving an environmental impact assessment, where the proposed development may have effects on another Member State of the European Communities. The provisions extend the time available to a planning authority to deal with such an application, and enable an authority to enter into. consultations with the Member State concerned.
S.I. No. 93/1999 –
European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1999.
The Minister for the Environment and Local Government, in exercise of the powers conferred on him by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving effect to the Council Directive of 3 March, 1997 (No. 97/11/EC, O.J. No. L73/5, 14 March, 1997), hereby makes the following regulations—
PART I
Preliminary and General
1. (1) These regulations may be cited as the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1999.
(2) These regulations, the European Communities (Environmental Impact Assessment) Regulations, 1989 ( S.I. No. 349 of 1989 ), the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1994 ( S.I. No. 84 of 1994 ), the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1996 ( S.I. No. 101 of 1996 ), and the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1998 ( S.I. No. 351 of 1998 ), shall be construed as one and may be collectively cited as the European Communities (Environmental Impact Assessment) Regulations, 1989 to 1999.
2. (1) These regulations shall come into operation on the 1st day of May, 1999.
(2) Notwithstanding sub-article (1), where an application for consent for development to which these regulations refer is made before the date of coming into operation of these regulations, the provisions of the appropriate enactment, before they were amended by these regulations, shall continue to apply to the said application.
(3) Where these regulations provide for the amendment of an enactment, such enactment shall, notwithstanding any provision of the enactment as to commencement, have effect on and from the coming into operation of these regulations.
(4) In this article, “application for consent for development” means—
(a) an application for planning permission or certification of development to be carried out by or on behalf of a local authority under the Planning Acts, 1963 to 1998;
(b) an appeal to An Bord Pleanála under the Planning Acts, 1963 to 1998;
(c) a relevant application under the Foreshore Act, 1933 ;
(d) a drainage scheme submitted to the Minister for Finance under the Arterial Drainage Acts, 1945 and 1995;
(e) an application for a harbour works order under the Harbours Act. 1946;
(f) a plan for working of petroleum submitted to the Minister for the Marine and Natural Resources under the Petroleum and Other Minerals Development Act, 1960 ;
(g) an application or a notice to the Minister for Public Enterprise relating to the construction of a pipeline under the Gas Act, 1976 ;
(h) an application for approval of a proposed road development under the Roads Acts, 1993 and 1998;
(i) an application for a light railway order under the Transport (Dublin Light Rail) Act, 1996 ;
(j) a planning scheme submitted to the Minister for the Environment and Local Government under the Dublin Docklands Development Authority Act, 1997 .
3. (1) In these regulations—
“the Act of 1963” means the Local Government (Planning and Development) Act, 1963 (No. 28 of 1963);
“the Act of 1992” means the Local Government (Planning and Development) Act, 1992 (No. 14 of 1992);
“the Birds Directive” means Council Directive No. 79/409/EEC of 2 April, 1979, on the conservation of wild birds (O.J. No. L 103, 25 April, 1979);
“built-up area” means an existing city or town or an adjoining developed area;
“the European Communities (Environmental Impact Assessment) Regulations, 1989 to 1998” has the meaning assigned to it in the 1998 Regulations;
“the Habitats Directive” means Council Directive 92/43/EEC of 21 May, 1992, on the conservation of natural habitats and of wild fauna and flora (O.J. No. L 206, 22 July, 1992);
“the Planning Acts, 1963 to 1998” has the meaning assigned to it in the Local Government (Planning and Development) Act, 1998 (No. 9 of 1998);
“special area of conservation” has the meaning assigned to it in Regulation 2 of the European Communities (Natural Habitats) Regulations. 1997 ( S.I. No. 94 of 1997 );
“the 1989 Regulations” means the European Communities (Environmental Impact Assessment) Regulations, 1989 ( S.I. No. 349 of 1989 ).
“the 1998 Regulations” means the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1998 ( S.I. No. 351 of 1998 ).
(2) In these regulations save where the context otherwise requires—
(a) any reference to a Part or a Schedule which is not otherwise identified is a reference to a Part of or Schedule to these regulations,
(b) a reference to any enactment shall be construed as a reference to that enactment as amended or adapted by any subsequent enactment, including these regulations.
PART II
Amendment of the Planning Acts, 1963 to 1998, and the European Communities (Environmental Impact Assessment) Regulations, 1989 to 1998.
4. Section 25 of the Act of 1963 is hereby amended by—
(a) the addition after sub-paragraph (vii) of paragraph (cc) of subsection (2) thereof, as inserted by article 7 of the 1989 Regulations, of the following subparagraph—
“(viii) matters of procedure in relation to the making of a request for and the giving of a written opinion pursuant to subsection (6) of this section,”;
(b) the substitution for paragraph (a) of subsection (3) thereof, as inserted by article 7 of the 1989 Regulations, of the following paragraph—
“(a) At the request of an applicant or of a person intending to apply for permission, the Minister may, subject to paragraph (e) of this subsection, by order, having afforded the planning authority concerned an opportunity to furnish observations on the request, and where he is satisfied that exceptional circumstances so warrant, grant in respect of proposed development an exemption from a requirement of or under regulations under this section to prepare an environmental impact statement.”;
(c) the addition after paragraph (d) of subsection (3) thereof, as amended by article 3 of the 1998 Regulations, of the following paragraph—
“(e) An exemption shall not be granted under paragraph (a) of this subsection in respect of proposed development if another Member State of the European Communities, having been informed about the proposed development and its likely effects on the environment in that State, has indicated that it intends to furnish views on the said effects.”;
(d) the addition after subsection (5) thereof, as inserted by article 3 of the 1998 Regulations, of the following subsection—
“(6) (a) If an applicant or a person intending to apply for permission, before submitting an environmental impact statement in accordance with a requirement of or under regulations under this section, so requests, the relevant planning authority shall give a written opinion on the information to be contained in such statement.
(b) The giving of a written opinion in accordance with paragraph (a) of this subsection shall not prejudice the exercise by the planning authority concerned of its powers pursuant to the Planning Acts, 1963 to 1998, or any regulations made thereunder, to require the person who made the request to submit further information relative to the application concerned.”.
5. Section 78 of the Act of 1963 is hereby amended by—
(a) the addition after paragraph (1) of subsection (2) thereof, as inserted by article 10 of the 1989 Regulations, of the following paragraph—
“(m) provide for matters of procedure in relation to the making of a request for and the giving of a written opinion pursuant to subsection (4) of this section.”;
(b) the substitution for paragraph (a) of subsection (3) thereof, as inserted by article 10 of the 1989 Regulations, of the following paragraph—
“(a) The Minister may, subject to paragraph (d) of this subsection, by order, where he is satisfied that exceptional circumstances so warrant, grant an exemption in respect of proposed development from a requirement of regulations under subsection (2) of this section to prepare an environmental impact statement.”;
(c) the addition after paragraph (c) of subsection (3) thereof, as amended by article 5 of the 1998 Regulations, of the following paragraph—
“(d) An exemption shall not be granted under paragraph (a) of this subsection in respect of proposed development if another Member State of the European Communities, having been informed about the proposed development and its likely effects on the environment in that State, has indicated that it intends to furnish views on the said effects.”;
(d) the addition after subsection (3) thereof, as inserted by article 10 of the 1989 Regulations, of the following subsection—
“(4) (a) If a local authority, before preparing an environmental impact statement in accordance with regulations made under subsection (2) of this section, so requests, the Minister shall give a written opinion on the information to be contained in such statement.
(b) The giving of a written opinion in accordance with paragraph (a) of this subsection shall not prejudice the exercise by the Minister of his powers pursuant to the Planning Acts, 1963 to 1998, or any regulations made thereunder, to require the local authority which made the request to furnish further information in relation to the application for certification of the proposed development concerned.”.
6. The Act of 1992 is hereby amended by the insertion, after section 7 thereof, of the following section—
“7A. (1) If an applicant, before submitting an environmental impact statement to the Board in accordance with a requirement of or under regulations under this Act, so requests, the Board shall give a written opinion on the information to be contained in such statement.
(2) The giving of a written opinion in accordance with paragraph (a) of this section shall not prejudice the exercise by the Board of its powers pursuant to this Act or any regulations made thereunder, to require the applicant to submit specified information in relation to the appeal.
(3) the Minister may by regulations provide for matters of procedure in relation to the making of a request for and the giving of a written opinion pursuant to this section.”.
7. The 1989 Regulations are hereby amended by the insertion after article 26 thereof of the following article—
“27. The criteria set out in the Third Schedule are hereby specified for the purposes of this article.”.
8. The 1989 Regulations are hereby amended by—
(a) the substitution for the First and Second Schedules (as amended by article 7 of the 1998 Regulations) thereto of the First and Second Schedules respectively to these regulations;
(b) the insertion following the Second Schedule thereto of the Third Schedule to these regulations.
PART III
Amendment of Miscellaneous Enactments.
9. The Foreshore Act. 1933 (No. 12 of 1933), is hereby amended by—
(a) the insertion after subsection (2) of section 13A thereof, as inserted by article 13 of the 1989 Regulations, of the following subsections—
“(2A) Where a relevant application would involve the undertaking of development which would—
(a) be of a class referred to in subsection (1) of this section but for not exceeding a quantity, area or other limit for the time being specified in relation to that class, and
(b) be located on—
(i) a special area of conservation,
(ii) a site notified in accordance with Regulation 4 of the European Communities (Natural Habitats) Regulations, 1997 ( S.I. No. 94 of 1997 ),
(iii) an area classified pursuant to paragraph (1) or (2) of article 4 of Council Directive No. 79/409/EEC of 2 April, 1979, on the conservation of wild birds (O.J. No. L 103, 25 April, 1979),
(iv) a site where consultation has been initiated in accordance with article 5 of Council Directive 92/43/EEC of 21 May, 1992, on the conservation of natural habitats and of wild fauna and flora (O.J. No. L 206, 22 July, 1992),
(v) land established or recognised as a nature reserve within the meaning of section 15 or 16 of the Wildlife Act, 1976 (No. 39 of 1976) ,
(vi) land designated as a refuge for fauna under section 17 of the Wildlife Act, 1976 , ( No. 39 of 1976 ),
the Minister shall decide whether the said development would or would not be likely to have significant effects on the environment.
(2B) The Minister shall, where he is deciding pursuant to this section whether a proposed development would or would not be likely to have significant effects on the environment, have regard to the criteria specified for the purposes of article 27 of the European Communities (Environmental Impact Assessment) Regulations, 1989.
(2C) Where the Minister makes a decision pursuant to subsection (2A) on whether a proposed development would or would not be likely to have significant effects on the environment, he shall make arrangements to make the said decision available for inspection by members of the public.”;
(b) the insertion after subsection (3) of section 13A thereof, as inserted by article 13 of the 1989 Regulations, of the following subsection—
“(3A) (a) If a person, before submitting an environmental impact statement in accordance with a requirement of or under this section, so requests, the Minister shall, after consulting the person who made the request and such bodies as may be prescribed for that purpose, give a written opinion on the information to be contained in such statement.
(b) The giving of a written opinion in accordance with paragraph (a) of this subsection shall not prejudice the exercise by the Minister of his powers under this Act to require the person who made the request to furnish further information in relation to the effects on the environment of development proposed in the relevant application concerned.”;
(c) the substitution for paragraph (a) of subsection (4) of section 13A thereof, as inserted by article 13 of the 1989 Regulations, of the following paragraph—
“(a) The Minister may, subject to paragraph (d) of this subsection, by order, where he is satisfied that exceptional circumstances so warrant and after consultation with the Minister for the Environment and Local Government, exempt a relevant application or a proposed relevant application from the requirement of subsection (1) of this section.”;
(d) the addition after paragraph (c) of subsection (4) of section 13A thereof, as amended by article 8 of the 1998 Regulations, of the following paragraph—
“(d) An exemption shall not be granted under paragraph (a) of this subsection in respect of a relevant application or a proposed relevant application if another Member State of the European Communities, having been informed pursuant to section 19C of this Act about the proposed development and its likely effects on the environment in that State, has indicated that it intends to furnish views on the said effects.”;
(e) the substitution for subsection (1) of section 19B thereof, as inserted by article 13 of the 1989 Regulations, of the following subsection—
“(l) Where an environmental impact statement has been submitted in accordance with a requirement of or under section 13A of this Act, the Minister shall have regard to the said statement, to any objections and representations made to him during the prescribed period in relation to the effects on the environment of the proposal, and to the views, if any, furnished by other Member States of the European Communities pursuant to section 19C of this Act.”;
(f) the substitution for section 19C thereof, as inserted by article 13 of the 1989 Regulations, of the following section—
“19C. (1) Where the Minister considers that proposed development, which is the subject of an environmental impact statement in accordance with a requirement of or under section 13A of this Act, would be likely to have significant effects on the environment in another Member State of the European Communities, or where another Member State of the European Communities considers that the said development would be likely to have the said effects and so requests, he shall, as soon as possible, send to that other Member State—
(a) a description of the proposed development and any available information on its possible effects on the environment in that Member State, and
(b) information on the nature of the decision which may be taken,
and shall give to that Member State a reasonable time to indicate whether it wishes to furnish views on the said effects.
(2) Where a Member State of the European Communities which has received information pursuant to subsection (1) of this section indicates that it wishes to furnish views on the likely effects on the environment of the proposed development, the Minister shall, if he has not already done so, send to that Member State—
(a) a copy of the environmental impact statement, and
(b) relevant information about the procedure for making a decision on the relevant application concerned.
(3) The Minister shall enter into consultations with a Member State of the European Communities to which information was sent pursuant to subsection (2) of this section regarding the potential effects of the proposed development on the environment in that Member State and the measures envisaged to reduce or eliminate such effects.
(4) The Minister shall notify a Member State of the European Communities to which information was sent pursuant to subsection (2) of this section of his decision on the relevant application concerned.”;
(g) the substitution for section 21A thereof, as inserted by article 13 of the 1989 Regulations, of the following section—
“21A. When a decision is taken on a relevant application in respect of which an environmental impact statement was submitted in accordance with a requirement of or under section 13A of this Act, the Minister shall—
(a) publish notice of the decision in the Iris Oifigiúil and in one or more newspapers circulating in the district in which is situated the foreshore to which the relevant application relates,
(b) make arrangements to make the said statement and information on the decision available for inspection by members of the public during a period to be specified by him.”.
10. The Arterial Drainage Act, 1945 (No. 3 of 1945), is hereby amended by—
(a) the addition after sub-paragraph (ii) of paragraph (b) of subsection (2A) of section 4 thereof, as inserted by article 16 of the 1989 Regulations, of the following sub-paragraph—
“(iii) The Minister shall, where he is deciding pursuant to this subsection whether proposed drainage works would or would not be likely to have significant effects on the environment, have regard to the criteria specified for the purposes of article 27 of the European Communities (Environmental Impact Assessment) Regulations, 1989.”;
(b) the addition after paragraph (c) of subsection (2A) of section 4 thereof, as inserted by article 16 of the 1989 Regulations, of the following paragraphs—
“(d) If the Commissioners, before submitting a drainage scheme which is required in accordance with this subsection to contain an environmental impact statement, so request, the Minister shall, after consulting the Commissioners and such bodies as may be prescribed by the Minister by regulations for that purpose, give a written opinion on the information to be contained in such statement.
(e) The giving of a written opinion in accordance with paragraph (d) of this subsection shall not prejudice the exercise by the Minister of his powers pursuant to this Act to require the Commissioners to furnish further information in relation to the effects on the environment of the proposed drainage works.”;
(c) the substitution for paragraph (a) of subsection (2B) of section 4 thereof, as inserted by article 16 of the 1989 Regulations, of the following paragraph—
“(a) The Minister may, subject to paragraph (d) of this subsection, by order, where he is satisfied that exceptional circumstances so warrant and after consultation with the Minister for the Environment and Local Government, exempt a drainage scheme or a proposed drainage scheme from the requirement of paragraph (a) of subsection (2A) of this Section.”;
(d) the addition after paragraph (c) of subsection (2B) of section 4 thereof, as amended by article 10 of the 1998 Regulations, of the following paragraph—
“(d) An exemption shall not be granted under paragraph (a) of this subsection in respect of a drainage scheme or a proposed drainage scheme if another Member State of the European Communities, having been informed pursuant to subsection (4) of section 7 of this Act about the proposed drainage works and their likely effects on the environment in that State, has indicated that it intends to furnish views on the said effects.”;
(e) the substitution for subsection (3) of section 7 thereof, as inserted by article 16 of the 1989 Regulations, of the following subsection—
“(3) Where, in accordance with subsection (2A) of section 4 of this Act, a drainage scheme contains an environmental impact statement—
(a) the Minister shall—
(i) have regard to the said statement, to any observations received by the Commissioners or the Minister in relation to the effects on the environment of the proposed drainage works, and to the views, if any, furnished by other Member States of the European Communities pursuant to subsection (4) of this section,
(ii) publish in the Iris Oifigiúil and in one or more newspapers circulating in the area proposed by such scheme to be constituted a separate drainage district, a notice stating his decision in relation to the scheme, and
(b) the Commissioners shall, when a decision is taken on the drainage scheme concerned, make the said statement and information on the decision available for inspection by members of the public during a period to be specified by the Minister.”;
(f) the substitution for subsection (4) of section 7 thereof, as inserted by article 16 of the 1989 Regulations, of the following subsection—
“(4) (a) Where the Minister considers that proposed drainage works, which are the subject of an environmental impact statement in accordance with subsection (2A) of section 4 of this Act, would be likely to have significant effects on the environment in another Member State of the European Communities, or where another Member State of the European Communities considers that the said drainage works would be likely to have the said effects and so requests, he shall, as soon as possible, send to that other Member State—
(i) a description of the proposed drainage works and any available information on their possible effects on the environment in that Member State, and
(ii) information on the nature of the decision which may be taken,
and shall give to that Member State a reasonable time to indicate whether it wishes to furnish views on the said effects.
(b) Where a Member State of the European Communities which has received information pursuant to paragraph (a) of this subsection indicates that it wishes to furnish views on the likely effects on the environment of the proposed drainage works, the Minister shall, if he has not already done so, send to that Member State—
(i) a copy of the environmental impact statement, and
(ii) relevant information about the procedure for making a decision on the drainage scheme concerned.
(c) The Minister shall enter into consultations with a Member State of the European Communities to which information was sent pursuant to paragraph (b) of this subsection regarding the potential effects of the proposed drainage works on the environment in that Member State and the measures envisaged to reduce or eliminate such effects.
(d) The Minister shall notify a Member State of the European Communities which was sent information pursuant to paragraph (b) of this subsection of his decision on the drainage scheme concerned.”.
11. The Harbours Act, 1946 (No. 9 of 1946), is hereby amended by—
(a) the substitution for subsection (9) of section 134 thereof, as inserted by article 17 of the 1989 Regulations, of the following subsection—
“(9) When a decision is taken on an application for a harbour works order which contained an environmental impact statement in accordance with subsection (2A) of section 138 of the Act—
(a) the Minister shall, as soon as may be, publish in the Iris Oifigiúil and in two newspapers circulating in the county in which is situate the principal office of the harbour authority to whom the application relates notice of the decision,
(b) the relevant harbour authority shall make the said statement and information on the decision available for inspection by members of the public during a period to be specified by the Minister.”;
(b) the substitution for paragraphs (cc) and (ccc) of subsection (1) of section 136 thereof, as inserted by article 17 of the 1989 Regulations, of the following paragraphs—
“(cc) in making the order, the Minister shall, where the order would authorise works in respect of which an environmental impact statement has been prepared in accordance with subsection (2A) of section 138 of this Act, have regard, in addition to the matters mentioned in paragraph (c) of this subsection, to the environmental impact statement prepared by the harbour authority, and to the views, if any, furnished by other Member States of the European Communities pursuant to paragraph (ccc) of this subsection,
(ccc) (i) the Minister shall, where he considers that proposed works, which are the subject of an environmental impact statement in accordance with subsection (2A) of section 138 of this Act, would be likely to have significant effects on the environment in another Member State of the European Communities, or where another Member State of the European Communities considers that the said works would be likely to have the said effects and so requests, as soon as possible, send to that other Member State a description of the proposed works and any available information on their possible effects on the environment in that Member State, and information on the nature of the decision which may be taken, and shall give to that Member State a reasonable time to indicate whether it wishes to furnish views on the said effects,
(ii) where a Member State of the European Communities which has received information pursuant to sub-paragraph (i) of this paragraph indicates that it wishes to furnish views on the likely effect on the environment of the proposed works, the Minister shall, if he has not already done so, send to that Member State a copy of the environmental impact statement, and relevant information about the procedure for making a decision on the relevant application for a harbour works order,
(iii) the Minister shall enter into consultations with a Member State of the European Communities to which information was sent pursuant to sub-paragraph (ii) of this paragraph regarding the potential effects of the proposed works on the environment in that Member State and the measures envisaged to reduce or eliminate such effects,
(iv) the Minister shall notify a Member State of the European Communities to which information was sent pursuant to sub-paragraph (ii) of this paragraph of his decision on the relevant application for a harbour works order.”;
(c) the addition after sub-paragraph (ii) of paragraph (b) of subsection (2A) of section 138 thereof, as inserted by article 17 of the 1989 Regulations, of the following sub-paragraph—
“(iii) The Minister shall, where he is deciding pursuant to this subsection whether proposed works would or would not be likely to have significant effects on the environment, have regard to the criteria specified for the purposes of article 27 of the European Communities (Environmental Impact Assessment) Regulations, 1989.”;
(d) the addition after paragraph (c) of subsection (2A) of section 138 thereof, as inserted by article 17 of the 1989 Regulations, of the following paragraphs—
“(d) If a harbour authority, before submitting an application for a harbour works order which is required in accordance with this subsection to contain an environmental impact statement, so requests, the Minister shall, after consulting the harbour authority concerned and such bodies as may be specified by the Minister for that purpose, give a written opinion on the information to be contained in such statement.
(e) The giving of a written opinion in accordance with paragraph (d) of this subsection shall not prejudice the exercise by the Minister of his powers pursuant to this Act to require the relevant harbour authority to furnish further information in relation to the effects on the environment of the proposed works.”;
(e) the substitution for paragraph (a) of subsection (2B) of section 138 thereof, as inserted by article 17 of the 1989 Regulations, of the following paragraph—
“(a) The Minister may, subject to paragraph (d) of this subsection, by order, where he is satisfied that exceptional circumstances so warrant and after consultation with the Minister for the Environment and Local Government, exempt proposed works from the requirement of paragraph (a) of subsection (2A) of this section.”;
(f) the addition after paragraph (c) of subsection (2B) of section 138, as amended by article 11 of the 1998 Regulations, of the following paragraph—
“(d) An exemption shall not be granted under paragraph (a) of this subsection in respect of proposed works if another Member State of the European Communities, having been informed pursuant to section 136 of this Act about the proposed works and their likely effects on the environment in that State, has indicated that it intends to furnish views on the said effects.”.
12. The Petroleum and Other Minerals Development Act, 1960 (No. 7 of 1960) is hereby amended by—
(a) the substitution for subsection (1) of section 13A thereof, as inserted by article 19 of the 1989 Regulations, of the following subsection—
“(1) (a) A plan submitted to the Minister under the terms of a lease under section 13 of this Act seeking his approval for working of petroleum under land (not being land situate within the functional area of a planning authority within the meaning of the Local Government (Planning and Development) Acts, 1963 to 1998) shall, where the proposed working is of a class for the time being specified under article 24 of the European Communities (Environmental Impact Assessment) Regulations, 1989, or under any provision amending or replacing the said article 24, be accompanied by a statement of the likely effects on the environment (hereinafer referred to as an “environmental impact statement”) of the proposed working.
(b) Where a plan submitted to the Minister under the terms of a lease under section 13 of this Act seeks his approval for working of petroleum which would be of a class referred to in paragraph (a) of this subsection but for not exceeding a quantity, area or other limit for the time being specified in relation to that class, and where the Minister considers that the proposed working would be likely to have significant effects on the environment, he shall require the applicant to submit an environmental impact statement in respect of the proposed working.
(c) Where a plan submitted to the Minister under the terms of a lease under secton 13 of this Act seeks his approval for working of petroleum which would—
(i) be of a class referred to in paragraph (a) of this subsection but for not exceeding a quantity, area or other limit for the time being specified in relation to that class, and
(ii) be located on—
(I) a special area of conservation,
(II) a site notified in accordance with Regulation 4 of the European Communities (Natural Habitats) Regulations, 1997 ( S.I. No. 94 of 1997 ),
(III) an area classified pursuant to paragraph (1) or (2) of article 4 of Council Directive No. 79/409/EEC of 2 April, 1979, on the conservation of wild birds (O.J. No. L 103, 25 April, 1979),
(IV) a site where consultation has been initiated in accordance with article 5 of Council Directive 92/43/EEC of 21 May, 1992, on the conservation of natural habitats and of wild fauna and flora (O.J. No. L 206, 22 July, 1992),
(V) land established or recognised as a nature reserve within the meaning of section 15 or 16 of the Wildlife Act, 1976 (No. 39 of 1976),
(VI) land designated as a refuge for fauna under section 17 of the Wildlife Act, 1976 (No. 39 of 1976),
the Minister shall decide whether the proposed working would or would not be likely to have significant effects on the environment.
(d) The Minister shall, where he is deciding pursuant to this subsection whether a proposed working of petroleum would or would not be likely to have significant effects on the environment, have regard to the criteria specified for the purposes of article 27 of the European Communities (Environmental Impact Assessment) Regulations, 1989.
(e) Where the Minister makes a decision pursuant to paragraph (c) on whether a proposed working of petroleum would or would not be likely to have significant effects on the environment, he shall make arrangements to make the said decision available for inspection by members of the public.
(f) An environmental impact statement shall contain the information for the time being specified under article 25 of the European Communities (Environmental Impact Assessment) Regulations, 1989, or under any provision amending or replacing the said article 25.
(g) If a person, before submitting a plan which is required in accordance with this subsection to be accompanied by an environmental impact statement, so requests, the Minister shall, after consulting the person concerned and the bodies prescribed for that purpose, give a written opinion on the information to be contained in such statement.
(h) The giving of a written opinion in accordance with this subsection shall not prejudice the exercise by the Minister of his powers pursuant to this Act to require the person who made the request to furnish further information in relation to the effects on the environment of working of petroleum proposed in the plan concerned.”;
(b) the substitution for paragraph (a) of subsection (5) of section 13A thereof, as inserted by article 19 of the 1989 Regulations, of the following paragraph—
“(a) Where an environmental impact statement has been submitted in accordance with a requirement of or under subsection (1) of this section, the Minister shall have regard to the said statement, to any submissions or observations made to him during the prescribed period in relation to the effects on the environment of the proposed working of petroleum, and to the views, if any, furnished by other Member States of the European Communities pursuant to subsection (7) of this section.”;
(c) the substitution for paragraph (a) of subsection (6) of section 13A thereof, as inserted by article 19 of the 1989 Regulations, of the following paragraph—
“(a) The Minister may, subject to paragraph (d) of this subsection, by order, where he is satisfied that exceptional circumstances so warrant and after consultation with the Minister for the Environment and Local Government, exempt a plan or a proposed plan seeking approval for working of petroleum from the requirement of subsection (1)(a) of this section.”;
(d) the addition after paragraph (c) of subsection (6) of section 13A thereof, as amended by article 12 of the 1998 Regulations, of the following paragraph—
“(d) An exemption shall not be granted under paragraph (a) of this subsection in respect of a plan or proposed plan relating to working of petroleum if another Member State of the European Communities, having been informed pursuant to subsection (7) of this section about the proposed working and its likely effects on the environment in that State, has indicated that it intends to furnish views on the said effects.”;
(e) the substitution for subsection (7) of section 13A thereof, as inserted by article 19 of the 1989 Regulations, of the following subsection—
“(7) (a) Where the Minister considers that proposed working of petroleum, which is the subject of an environmental impact statement in accordance with a requirement of or under subsection (1) of this section, would be likely to have significant effects on the environment in another Member State of the European Communities, or where another Member State of the European Communities considers that the said working would be likely to have the said effects and so requests, he shall, as soon as possible, send to that other Member State—
(i) a description of the proposed working and any available information on its possible effects on the environment in that Member State, and
(ii) information on the nature of the decision which may be taken,
and shall give to that Member State a reasonable time to indicate whether it wishes to furnish views on the said effects.
(b) Where a Member State of the European Communities which has received information pursuant to paragraph (a) of this subsection indicates that it wishes to furnish views on the likely effects on the environment of the proposed working, the Minister shall, if he has not already done so, send to that Member State—
(i) a copy of the environmental impact statement, and
(ii) relevant information about the procedure for making a decision on the plan concerned.
(c) The Minister shall enter into consultations with a Member State of the European Communities to which information was sent pursuant to paragraph (b) of this subsection regarding the potential effects of the proposed working on the environment in that Member State and the measures envisaged to reduce or eliminate such effects.
(d) The Minister shall notify a Member State of the European Communities to which information was sent pursuant to paragraph (b) of this subsection of his decision on the plan concerned.”;
(f) the substitution for subsection (8) of section 13A thereof, as inserted by article 19 of the 1989 Regulations, of the following subsection—
“(8) When a decision is taken on an application for approval for working of petroleum in respect of which an environmental impact statement was submitted in accordance with a requirement of or under subsection (1) of this section, the Minister shall—
(a) publish notice of the decision in the Iris Oifigiúil and in at least one daily newspaper published in the State,
(b) make arrangements to make the said statement and information on the decision available for inspection by members of the public during a period to be specified by him”.
13. The Gas Act, 1976 (No. 30 of 1976) is hereby amended by—
(a) the substitution for subsection (1) of section 40A thereof, as inserted by article 20 of the 1989 Regulations, of the following subsection—
“(1) (a) An application to the Minister by the Board for his consent under subsection (7) of section 8 to the construction of a pipeline, or a notice given to the Minister by a person other than the Board, under subsection (1) of section 40 in relation to the proposed construction of a pipeline, shall, where the proposed pipeline is of a class for the time being specified under article 24 of the European Communities (Environmental Impact Assessment) Regulations, 1989, or under any provision amending or replacing the said article 24, be accompanied by a statement of the likely effects on the environment (hereinafter referred to as an “environmental impact statement”) of the proposed pipeline.
(b) Where an application is made by the Board, or a notice is given by a person other than the Board, in relation to a proposed pipeline which would be of a class referred to in paragraph (a) of this subsection but for not exceeding a quantity, area or other limit for the time being specified in relation to that class, and where the Minister considers that the proposed pipeline would be likely to have significant effects on the environment, he shall require the Board or other person, as the case may be, to submit an environmental impact statement in respect of the proposed pipeline.
(c) Where an application is made by the Board or a notice is given by a person other than the Board in relation to a proposed pipeline which would—
(i) be of a class referred to paragraph (a) of this subsection but for not exceeding a quantity, area or other limit for the time being specified in relation to that class, and
(ii) be located on—
(I) a special area of conservation,
(II) a site notified in accordance with Regulation 4 of the European Communities (Natural Habitats) Regulations, 1997 ( S.I. No. 94 of 1997 ),
(III) an area classified pursuant to paragraph (1) or (2) of article 4 of Council Directive No. 79/409/EEC of 2 April, 1979, on the conservation of wild birds (O.J. No. L 103, 25 April, 1979),
(IV) a site where consultation has been initiated in accordance with article 5 of Council Directive 92/43/EEC of 21 May, 1992, on the conservation of natural habitats and of wild fauna and flora (O.J. No. L 206, 22 July, 1992),
(V) land established or recognised as a nature reserve within the meaning of section 15 or 16 of the Wildlife Act, 1976 (No. 39 of 1976),
(VI) land designated as a refuge for fauna under section 17 of the Wildlife Act, 1976 (No. 39 of 1976),
the Minister shall decide whether the proposed pipeline would or would not be likely to have significant effects on the environment.
(d) The Minister shall, where he is deciding whether a proposed pipeline would or would not be likely to have significant effects on the environment, have regard to the criteria specified for the purposes of article 27 of the European Communities (Environmental Impact Assessment) Regulations, 1989.
(e) Where the Minister makes a decision pursuant to paragraph (c) on whether a proposed pipeline would or would not be likely to have significant effects on the environment, he shall make arrangements to make the said decision available for inspection by members of the public.
(f) An environmental impact statement shall contain the information for the time being specified under article 25 of the European Communities (Environmental Impact Assessment) Regulations, 1989, or under any provision amending or replacing the said article 25.
(g) If the Board or a person, before making an application or giving a notice (as the case may be), which is required in accordance with this subsection to be accompanied by an environmental impact statement, so requests, the Minister shall, after consulting the bodies prescribed for that purpose and the Board or person (as the case may be), give a written opinion on the information to be contained in such statement.
(h) The giving of a written opinion in accordance with this subsection shall not prejudice the exercise by the Minister of his powers pursuant to this Act to require the Board or person giving the notice (as the case may be) to furnish further information in relation to the effects on the environment of the proposed pipeline.”;
(b) the substitution for paragraph (a) of subsection (5) of section 40A thereof, as inserted by article 20 of the 1989 Regulations, of the following paragraph—
“(a) Where an environmental impact statement has been submitted in accordance with a requirement of or under subsection (1) of this section, the Minister shall have regard to the said statement, to any submissions or observations made to him during the prescribed period in relation to the effects on the environment of the proposed pipeline, and to the views, if any, furnished by other Member States of the European Communities pursuant to subsection (7) of this section.”;
(c) the substitution for paragraph (a) of subsection (6) of section 40A thereof, as inserted by article 20 of the 1989 Regulations, of the following paragraph—
“(a) The Minister may, subject to paragraph (d) of this subsection, by order, where he is satisfied that exceptional circumstances so warrant and after consultation with the Minister for the Environment and Local Government, exempt an application or notice or a proposed application or notice from the requirement of subsection (1)(a) of this section.”;
(d) the addition after paragraph (c) of subsection (6) of section 40A thereof, as amended by article 13 of the 1998 Regulations, of the following paragraph—
“(d) An exemption shall not be granted under paragraph (a) of this subsection in respect of an application or notice or a proposed application or notice relating to a proposed pipeline if another Member State of the European Communities, having been informed pursuant to subsection (7) of this section about the proposed pipeline and its likely effects on the environment in that State, has indicated that it intends to furnish views on the said effects.”;
(e) the substitution for subsection (7) of section 40A thereof, as inserted by article 20 of the 1989 Regulations, of the following subsection—
“(7) (a) Where the Minister considers that a proposed pipeline, which is the subject of an environmental impact statement in accordance with a requirement of or under subsection (1) of this section, would be likely to have significant effects on the environment in another Member State of the European Communities, or where another Member State of the European Communities considers that the said pipeline would be likely to have the said effects and so requests, he shall, as soon as possible, send to that other Member State—
(i) a description of the proposed pipeline and any available information on its possible effects on the environment in that Member State, and
(ii) information on the nature of the decision which may be taken,
and shall give to that Member State a reasonable time to indicate whether it wishes to furnish views on the said effects.
(b) Where a Member State of the European Communities which has received information pursuant to paragraph (a) of this subsection indicates that it wishes to furnish views on the likely effects on the environment of the proposed pipeline, the Minister shall, if he has not already done so, send to that Member State—
(i) a copy of the environmental impact statement, and
(ii) relevant information about the procedure for making a decision on the application or notice concerned.
(c) The Minister shall enter into consultations with a Member State of the European Communities to which information was sent pursuant to paragraph (b) of this subsection regarding the potential effects of the proposed pipeline on the environment in that Member State and the measures envisaged to reduce or eliminate such effects.
(d) The Minister shall notify a Member State of the European Communities to which information was sent pursuant to paragraph (b) of this subsection of his decision on the application or notice concerned.”;
(f) the substitution for subsection (8) of section 40A thereof, as inserted by article 20 of the 1989 Regulations, of the following subsection—
“(8) When a decision is taken on an application by the Board or arising from a notice given to him by a person other than the Board in the case of a proposed pipeline in respect of which an environmental impact statement was submitted in accordance with a requirement of or under subsection (1) of this section, the Minister shall—
(a) publish notice of his decision in the Iris Oifigiúil and in one or more newspapers circulating in the area of the proposed pipeline,
(b) make arrangements to make the said statement and information on the decision available for inspection by members of the public during a period to be specified by him.”.
14. The Roads Act, 1993 (No. 14 of 1993), is hereby amended by—
(a) the insertion after paragraph (c) of subsection (1) of section 50 thereof of the following paragraphs—
“(d) Where a proposed road development (other than development to which paragraph (a) applies) consisting of the construction of a proposed public road or the improvement of an existing public road would be located on:
(i) a special area of conservation,
(ii) a site notified in accordance with Regulation 4 of the European Communities (Natural Habitats) Regulations, 1997 ( S.I. No. 94 of 1997 ),
(iii) an area classified pursuant to paragraph (1) of (2) of article 4 of Council Directive No. 79/409/EEC of 2 April, 1979, on the conservation of wild birds (O.J. No. L 103, 25 April, 1979),
(iv) a site where consultation has been initiated in accordance with article 5 of Council Directive 92/43/EEC of 21 May, 1992, on the conservation of natural habitats and of wild fauna and flora (O.J. No. L 206, 22 July, 1992),
(v) land established or recognised as a nature reserve within the meaning of section 15 or 16 of the Wildlife Act, 1976 (No. 39 of 1976),
(vi) land designated as a refuge for fauna under section 17 of the Wildlife Act, 1976 (No. 39 of 1976),
the road authority concerned shall decide whether the proposed road development would or would not be likely to have significant effects on the environment, and if the authority decides that the proposed road development would be likely to have such effects, paragraph (c) shall apply accordingly.
(e) Where a decision is being made pursuant to this subsection on whether a proposed road development would or would not be likely to have significant effects on the environment, the Minister or the road authority concerned (as the case may be) shall have regard to the criteria specified for the purposes of article 27 of the European Communities (Environmental Impact Assessment) Regulations, 1989.
(f) Where a road authority makes a decision pursuant to paragraph (d) on whether a proposed road development would or would not be likely to have significant effects on the environment, it shall make the said decision available for inspection by members of the public.”;
(b) the substitution for subsections (2) and (3), as substituted by article 14 of the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1998 ( S.I. No. 351 of 1998 ), of section 50 thereof of the following subsections—
“(2) An environmental impact statement shall contain the following specified information—
(a) a description of the proposed road development comprising information on the site, design and size of the proposed road development;
(b) a description of the measures envisaged in order to avoid, reduce and, if possible, remedy significant adverse effects;
(c) the data required to identify and assess the main effects which the proposed road development is likely to have on the environment;
(d) an outline of the main alternatives studied by the road authority concerned and an indication of the main reasons for its choice, taking into account the environmental effects;
(e) a summary in non-technical language of the above information.
(3) An environmental impact statement shall, in addition to and by way of explanation or amplification of the specified information referred to in subsection (2), contain further information on the following matters—
(a) (i) a description of the physical characteristics of the whole proposed road development and the land-use requirements during the construction and operational phases,
(ii) an estimate, by type and quantity, of expected residues and emissions (including water, air and soil pollution, noise, vibration, light, heat and radiation) resulting from the operation of the proposed road development;
(b) a description of the aspects of the environment likely to be significantly affected by the proposed road development, including in particular—
—human beings, fauna and flora,
—soil, water, air, climatic factors and the landscape,
—material assets, including the architectural and archaeological heritage, and the cultural heritage,
—the inter-relationship between the above factors;
(c) a description of the likely significant effects (including direct, indirect, secondary, cumulative, short, medium and long-term, permanent and temporary, positive and negative) of the proposed road development on the environment resulting from—
—the existence of the proposed road development,
—the use of natural resources,
—the emission of pollutants, the creation of nuisances and the elimination of waste,
and a description of the forecasting methods used to assess the effects on the environment;
(d) an indication of any difficulties (technical deficiencies or lack of know-how) encountered by the road authority concerned in compiling the required information;
(e) a summary in non-technical language of the above information;
to the extent that such information is relevant to a given stage of the consent procedure and to the specific characteristics of the proposed road development or type of proposed road development concerned, and of the environmental features likely to be affected, and the road authority preparing the environmental impact statement may reasonably be required to compile such information having regard, inter alia, to current knowledge and methods of assessment.”;
(c) the insertion after subsection (3) of section 50 thereof of the following subsection—
“(4) (a) If a road authority, before submitting an environmental impact statement in accordance with section 51, so requests, the Minister shall, after consulting the road authority concerned and the bodies and persons referred to in paragraph (b) of subsection (3) of that section, give a written opinion on the information to be contained in such statement.
(b) The giving of a written opinion in accordance with this subsection shall not prejudice the exercise by the Minister of his powers pursuant to subsection (4) of section 51 to require the road authority concerned to furnish him with specified additional information in relation to the likely effects on the environment of the proposed road development.”;
(d) the addition after paragraph (c) of subsection (3) of section 51 thereof of the following paragraph—
“(d) where the environmental impact statement and a notice has been sent to the prescribed authority in Northern Ireland pursuant to paragraph (c), enter into consultations with that authority regarding the potential effects on the environment of the proposed road development and the measures envisaged to reduce or eliminate such effects.”;
(e) the insertion after subsection (6) of section 51 thereof of the following subsection—
“(6A) A notice published by the Minister pursuant to subsection (6) shall indicate the times at which, the period during which and the place where a copy of the decision and the relevant environmental impact statement may be inspected.”.
15. The Transport (Dublin Light Rail) Act, 1996 (No. 24 of 1996), is hereby amended by—
(a) the substitution for subsections (1) and (2), as amended by article 15 of the 1998 Regulations, of section 5 thereof of the following subsections—
“(1) An environmental impact statement shall contain the following specified information—
(a) a description of the proposed light railway works comprising information on the site, design and size of the proposed light railway works;
(b) a description of the measures envisaged in order to avoid, reduce and, if possible, remedy significant adverse effects;
(c) the data required to identify and assess the main effects which the proposed light railway works are likely to have on the environment;
(d) an outline of the main alternatives studied by the Board and an indication of the main reasons for its choice, taking into account the environmental effects;
(e) a summary in non-technical language of the above information;
(2) An environmental impact statement shall, in addition to and by way of explanation or amplification of the specified information referred to in subsection (1), contain further information on the following matters—
(a) (i) a description of the physical characteristics of the whole proposed light railway works and the land-use requirements during the construction and operational phases;
(ii) an estimate, by type and quantity, of expected residues and emissions (including water, air and soil pollution, noise, vibration, light, heat and radiation) resulting from the operation of the proposed light railway works;
(b) a description of the aspects of the environment likely to be significantly affected by the proposed light railway works, including in particular:
—human beings, fauna and flora,
—soil, water, air, climatic factors and the landscape,
—material assets, including the architectural and archaeological heritage, and the cultural heritage,
—the inter-relationship between the above factors;
(c) a description of the likely significant effects (including direct, indirect, secondary, cumulative, short, medium and long-term, permanent and temporary, positive and negative) of the proposed light railway works on the environment resulting from—
—the existence of the proposed light railway works,
—the use of natural resources,
—the emission of pollutants, the creation of nuisances and the elimination of waste,
and a description of the forecasting methods used to assess the effects on the environment;
(d) an indication of any difficulties (technical deficiencies or lack of know-how) encountered by the Board in compiling the required information;
(e) a summary in non-technical language of the above information;
to the extent that such information is relevant to a given stage of the consent procedure and to the specific characteristics of the light railway works or type of light railway works concerned, and of the environmental features likely to be affected, and the Board may reasonably be required to compile such information having regard, inter alia, to current knowledge and methods of assessment.”;
(b) the addition after subsection (2) of section 5 thereof of the following subsection-
“(2A) (a) If the Board, before applying to the Minister for a light railway order, so requests, the Minister shall, after consulting the Board and such bodies as may be specified by the Minister for that purpose, give a written opinion on the information to be contained in an environmental impact statement.
(b) The giving of a written opinion in accordance with this subsection shall not prejudice the exercise by the Minister of his or her powers pursuant to this Act to require the Board to furnish further information in relation to the effects on the environment of the proposed light railway works.”.
16. Section 26 of the Dublin Docklands Development Authority Act, 1997 (No. 7 of 1997), is hereby amended by—
(a) the substitution for subsection (1) thereof of the following subsection—
“(1) (a) Subject to section 25(1)(c), where development proposed in a planning scheme being prepared pursuant to section 25 is of a class for the time being specified under article 24 of the European Communities (Environmental Impact Assessment) Regulations, 1989, or under any provision amending or replacing the said article 24, or where such a development would be of such a class but for not exceeding a quantity, area or other limit for the time being specified in relation to that class and the Authority consider it likely to have significant effects on the environment, the Authority shall prepare a statement of the likely effects on the environment (hereinafter referred to as an “environmental impact statement”) of that development.
(b) Where development proposed in a planning scheme being prepared pursuant to section 25 would—
(i) be of a class referred to in article 24 of the European Communities (Environmental Impact Assessment) Regulations, 1989, or any provision amending or replacing the said article 24, but for not exceeding a quantity, area or other limit for the time being specified in relation to that class, and
(ii) be located on-
(I) a special area of conservation,
(II) a site notified in accordance with Regulation 4 of the European Communities (Natural Habitats) Regulations, 1997 ( S.I. No. 94 of 1997 ),
(III) an area classified pursuant to paragraph (1) or (2) of article 4 of Council Directive No. 79/409/EEC of 2 April, 1979, on the conservation of wild birds (O.J. No. L 103, 25 April, 1979),
(IV) a site where consultation has been initiated in accordance with article 5 of Council Directive 92/43/EEC of 21 May, 1992, on the conservation of natural habitats and of wild fauna and flora (O.J. No. L 206, 22 July, 1992),
(V) land established or recognised as a nature reserve within the meaning of section 15 or 16 of the Wildlife Act, 1976 (No. 39 of 1976),
(VI) land designated as a refuge for fauna under section 17 of the Wildlife Act, 1976 (No. 39 of 1976),
the Authority shall decide whether the development proposed would or would not be likely to have significant effects on the environment.
(c) The Authority shall, where it is deciding pursuant to this subsection whether a proposed development would or would not be likely to have significant effects on the environment, have regard to the criteria specified for the purposes of article 27 of the European Communities (Environmental Impact Assessment) Regulations, 1989.
(d) Where the Authority makes a decision pursuant to paragraph (b) on whether a development proposed would or would not be likely to have significant effects on the environment, it shall make the said decision available for inspection by members of the public.
(e) An environmental impact statement prepared pursuant to paragraph (a) shall contain the information for the time being specified under Article 25 of the European Communities (Environmental Impact Assessment) Regulations, 1989, or under any provision amending or replacing the said article 25.
(f) If the Authority, before preparing an environmental impact statement pursuant to this subsection, so requests, the Minister shall, after consulting with the Authority, Dublin Corporation and such bodies as may be specified by the Minister for that purpose, give a written opinion on the information to be contained in such statement.
(g) The giving of a written opinion in accordance with this subsection shall not prejudice the exercise by the Minister of his powers pursuant to this Act to require the Authority to furnish further information in relation to the effects on the environment of the proposed development.”;
(b) the insertion after subsection (7) thereof, as inserted by article 16 of the 1998 Regulations, of the following subsection-
“(8) Where a decision is taken by the Minister on a planning scheme and an environmental impact statement was prepared in respect of the development concerned in accordance with subsection (1) of this section, the Authority shall make the said statement and information on the decision available for inspection by members of the public during a period to be specified by the Minister.”.
17. Section 10 of the Fisheries (Amendment) Act, 1997 (No. 23 of 1997), is hereby amended by the insertion after subsection (3) thereof of the following subsection—
“(4) (a) Without prejudice to subsection (3)(d) of this section, if a person, before making an application for a licence in respect of which an environmental impact statement must be submitted in accordance with regulations under this section, so requests, the Minister shall, after consulting such person and such bodies as may be prescribed for that purpose, give a written opinion on the information to be contained in such statement.
(b) The giving of a written opinion in accordance with paragraph (a) of this subsection shall not prejudice the exercise by the Minister of his or her powers under this Act or regulations made thereunder to require the person concerned to furnish further information in relation to the effects on the environment of the aquaculture concerned.
FIRST SCHEDULE
Development for the purposes of these regulations
Article 24
Part I
1. A crude oil refinery (excluding undertakings manufacturing only lubricants from crude oil) or an installation for the gasification and liquifaction of 500 tonnes or more of coal or bituminous shale per day.
2. (a) A thermal power station or other combusion installation with a heat output of 300 megawatts or more.
(b) A nuclear power station or other nuclear reactor including the dismantling or decommissioning of such a power station or reactor (1) (except a research installation for the production and conversion of fissionable and fertile materials, whose maximum power does not exceed 1kW continuous thermal load).
3. (a) All installations for the reprocessing of irradiated nuclear fuel.
(b) Installations designed—
—for the production or enrichment of nuclear fuel,
—for the processing of irradiated nuclear fuel or high level radioactive waste,
—for the final disposal of irradiated fuel,
—solely for the final disposal of radioactive waste,
—solely for the storage (planned for more than 10 years) of irradiated fuels or radioactive waste in a different site than the production site.
4. (a) Integrated works for the initial smelting of cast iron and steel.
(b) Installations for the production of non-ferrous crude metals from ore, concentrates or secondary raw materials by metallurgical, chemical or electrolytic processes.
5. An installation for the extraction of asbestos or for the processing and transformation of asbestos or products containing asbestos—
(a) in case the installation produces asbestos-cement products, where the annual production would exceed 20,000 tonnes of finished products,
(b) in case the installation produces friction material, where the annual production would exceed 50 tonnes of finished products, or
(c) in other cases, where the installation would utilise more than 200 tonnes of asbestos per year.
6. Integrated chemical installations, i.e. those installations for the manufacture on an industrial scale of substances using chemical conversion processes, in which several units are juxtaposed and are functionally linked to one another and which are—
(a) for the production of basic organic chemicals,
(b) for the production of basic inorganic chemicals,
(c) for the production of phosphorous, nitrogen or potassium based fertilisers (simple or compound fertilisers),
(d) for the production of basic plant health products and of biocides,
(e) for the production of basic pharmaceutical products using a chemical or biological process,
(f) for the production of explosives.
7. A line for long-distance railway traffic, or an airport (2) with a basic runway length of 2,100 metres or more.
8. (a) Inland waterways and ports for inland waterway traffic which permit the passage of vessels of over 1,350 tonnes.
(b) Trading ports, piers for loading and unloading connected to land and outside ports (excluding ferry piers) which can take vessels of over 1,350 tonnes.
9. Waste disposal installations for the incineration, chemical treatment as defined in Annex IIA to Directive 75/442/EEC (3 ) under heading D9, or landfill of hazardous waste (i.e. waste to which Directive 91/689/EEC (4 ) applies).
10. Waste disposal installations for the incineration or chemical treatment as defined in Annex IIA to Directive 75/442/EEC under heading D9, of non-hazardous waste with a capacity exceeding 100 tonnes per day.
11. Groundwater abstraction or artificial groundwater recharge schemes, where the annual volume of water abstracted or recharged is equivalent to or exeeds 10 million cubic metres.
12. (a) Works for the transfer of water resources between river basins, where this transfer aims at preventing possible shortages of water and where the amount of water transferred exceeds 100 million cubic metres/year.
(b) In all other cases, works for the transfer of water resources between river basins, where the multiannual average flow of the basin of abstraction exceeds 2,000 million cubic metres/year and where the amount of water transferred exceeds 5% of this flow.
13. Waste water treatment plants with a capacity exceeding 150,000 population equivalent as defined in Article 2 (6) of Directive 91/271/EEC (5 ).
14. Extraction of petroleum and natural gas for commercial purposes where the amount extracted exceeds 500 tonnes/day in the case of petroleum and 500,000 m3/day in the case of gas.
15. Dams and other installations designed for the holding back or permanent storage of water, where a new or additional amount of water held back or stored exceeds 10 million cubic metres.
16. Pipelines for the transport of gas, oil or chemicals with a diameter of more than 800mm and a length of more than 40km.
17. Installations for the intensive rearing of poultry or pigs with more than—
(a) 85,000 places for broilers, 60,000 places for hens;
(b) 3,000 places for production pigs (over 30 kg); or
(c) 900 places for sows.
18. Industrial plants for the—
(a) production of pulp from timber or similar fibrous materials;
(b) production of paper and board with a production capacity exceeding 200 tonnes per day.
19. Quarries and open-cast mining where the surface of the site exceeds 25 hectares, or peat extraction, where the surface of the site exceeds 150 hectares.
20. Construction of overhead electrical power lines with a voltage of 220 kV or more and a length of more than 15 km.
21. Installations for storage of petroleum, petrochemical, or chemical products with a capacity of 200,000 tonnes or more.
Part II
1. Agriculture, Silviculture and Aquaculture
(a) Projects for the restructuring of rural land holdings, where the area to be restructured would be greater than 100 hectares.
(b) The use of uncultivated land or semi-natural areas for intensive agricultural purposes, where the area to be used for such purposes would be greater than 100 hectares.
(c) Water management projects for agriculture, including irrigation and land drainage projects, where the catchment area involved would be greater than 1,000 hectares, or where more than 20 hectares of wetland would be affected.
(d) (i) Initial afforestation, where the area involved, either on its own or taken together with any adjacent area planted by or on behalf of the applicant within the previous three years, would result in a total area planted exceeding 70 hectares, and for the purposes of this subparagraph an area, other than an area planted before 1 October, 1996, shall be deemed to be adjacent if its nearest point lies within 500 metres of any part of the area involved.
(ii) Replacement of broadleaf high forest by conifer species, where the area involved would be greater than 10 hectares.
(iii) Deforestation for the purpose of conversion to another type of land use, where the area to be deforested would be greater than 10 ha of natural woodlands or 70 hectares of conifer forest.
(e) (i) Installations for intensive rearing of poultry not included in Part I of this Schedule which would have more than 40,000 places for poultry.
(ii) Installations for intensive rearing of pigs not included in Part I of this Schedule which would have more than 2,000 places for production pigs (over 30 kg) in a finishing unit, more than 400 places for sows in a breeding unit or more than 200 places for sows in an integrated unit.
(f) Seawater fish breeding installations with an output which would exceed 100 tonnes per annum; all fish breeding installations consisting of cage rearing in lakes; all fish breeding installations upstream of drinking water intakes; other fresh-water fish breeding installations which would exceed 1 million smolts and with less than 1 cubic metre per second per 1 million smots low flow diluting water.
(g) Reclamation of land from the sea, where the area of reclaimed land would be greater than 10 hectares.
2. Extractive Industry
(a) Peat extraction not included in Part I of this Schedule which would involve a new or extended area of 50 hectares.
(b) Extraction of stone, gravel, sand or clay, where the area of extraction would be greater than 5 hectares.
(c) All extraction of minerals within the meaning of the Minerals Development Acts, 1940 to 1995.
(d) Extraction of stone, gravel, sand or clay by marine dredging (other than maintenance dredging), where the area involved would be greater than 5 hectares or, in the case of fluvial dredging (other than maintenance dredging), where the length of river involved would be greater than 500 metres.
(e) All geothermal drilling and drilling for the storage of nuclear waste material; drilling, other than test drilling, for water supplies, where the expected supply would exceed 2 million cubic metres per annum.
(f) All surface industrial installations for the extraction of coal, petroleum (excluding natural gas), ores or bituminous shale not included in Part I of this Schedule.
(g) All extraction of petroleum (excluding natural gas) not included in Part I of this Schedule.
(h) All onshore extraction of natural gas and offshore extraction of natural gas (where the extraction would take place within 10 kilometres of the shoreline) not included in Part I of this Schedule.
3. Energy Industry
(a) Industrial installations for the production of electricity, steam and hot water not included in Part I of this Schedule with a heat output of 300 megawatts or more.
(b) Industrial installations for carrying gas, steam and hot water with a potential heat output of 300 megawatts or more, or transmission of electrical energy by overhead cables not included in Part I of this Schedule, where the voltage would be 200 kV or more.
(c) Installations for surface storage of natural gas, where the storage capacity would exceed 200 tonnes.
(d) Installations for underground storage of combustible gases, where the storage capacity would exceed 200 tonnes.
(e) Installations for the surface storage of fossil fuels, where the storage capacity would exceed 100,000 tonnes.
(f) Installations for industrial briquetting of coal and lignite, where the production capacity would exceed 150 tonnes per day.
(g) Installations for the processing and storage of radioactive waste not included in Part I of this Schedule.
(h) Installations for hydroelectric energy production with an output of 20 megawatts or more, or where the new or extended superficial area of water impounded would be 30 hectares or more, or where there would be a 30 per cent change in the maximum, minimum or mean flows in the main river channel.
(i) Installations for the harnessing of wind power for energy production (wind farms) with more than 5 turbines or having a total output greater than 5MW.
4. Production and processing of metals
(a) All installations for the production of pig iron or steel (primary or secondary fusion) including continuous casting.
(b) Installations for the processing of ferrous metals:
(i) hot-rolling mills and smitheries with hammers, where the production area would be greater than 500 square metres,
(ii) application of protective fused metal coats, where the production area would be greater than 100 square metres.
(c) Ferrous metal foundries with a batch capacity of 5 tonnes or more or where the production area would be greater than 500 square metres.
(d) Installations for the smelting, including the alloyage, of non-ferrous metals, excluding precious metals, including recovered products (refining foundry casting etc), where the melting capacity would exceed 0.5 tonnes or where the production area would be greater than 500 square metres.
(e) Installations for surface treatment of metals and plastic materials using an electrolytic or chemical process, where the production area would be greater than 100 square metres.
(f) All installations for manufacture and assembly of motor vehicles or manufacture of motor-vehicle engines.
(g) Shipyards, where the area would be 5 hectares or more, or with capacity for vessels of 10,000 tonnes or more (dead-weight).
(h) All installations for the construction of aircraft with a seating capacity exceeding 10 passengers.
(i) Manufacture of railway equipment, where the production area would be greater than 100 square metres.
(j) Swaging by explosives, where the floor area would be greater than 100 square metres.
(k) All installations for the roasting and sintering of metallic ores.
5. Mineral Industry
(a) All coke ovens (dry coal distillation).
(b) All installations for the manufacture of cement.
(c) All installations for the production of asbestos and the manufacture of asbestos based products not included in Part I of this Schedule.
(d) Installations for the manufacture of glass, including glass fibre, where the production capacity would exceed 5,000 tonnes per annum.
(e) All installations for smelting mineral substances including the production of mineral fibres.
(f) Manufacture of ceramic products by burning, in particular roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain with a production capacity, exceeding 75 tonnes per day, and/or with a kiln capacity exceeding 4 cubic metres and with a setting density per kiln exceeding 300 kg per cubic metre.
6. Chemical Industry (development not included in Part I of this Schedule)
(a) Installations for treatment of intermediate products and production of chemicals using a chemical or biological process.
(b) All installations for production of pesticides and pharmaceutical products, paint and varnishes, elastomers and peroxides using a chemical or biological process.
(c) Storage facilities for petroleum, where the storage capacity would exceed 50,000 tonnes.
(d) Storage facilities for petrochemical and chemical products, where such facilities are isolated storage to which the provisions of Articles 9, 11 and 13 of Council Directive 96/82/EC apply.
7. Food Industry
(a) Installations for manufacture of vegetable and animal oils and fats, where the capacity for processing raw materials would exceed 40 tonnes per day.
(b) Installations for packing and canning of animal and vegetable products, where the capacity for processing raw materials would exceed 100 tonnes per day.
(c) Installations for manufacture of dairy products, where the processing capacity would exceed 50 million gallons of milk equivalent per annum.
(d) Installations for commercial brewing and distilling; installations for malting, where the production capacity would exceed 100,000 tonnes per annum.
(e) Installations for confectionery and syrup manufacture, where the production capacity would exceed 100,000 tonnes per annum.
(f) Installations for the slaughter of animals, where the daily capacity would exceed 1,500 units and where units have the following equivalents:
1 sheep
=
1 unit
1 pig
=
2 units
1 head of cattle
=
5 units
(g) All industrial starch manufacturing installations.
(h) All fish-meal and fish-oil factories.
(i) All sugar factories.
8. Textile, leather, wood and paper industries
(a) All installations for the production of paper and board not included in Part I of this Schedule.
(b) Plants for the pre-treatment (operations such as washing, bleaching, mercerisation or dyeing of fibres or textiles), where the treatment capacity would exceed 10 tonnes per day.
(c) Plants for the tanning of hides and skins, where the treatment capacity would exceed 100 skins per day.
(b) Cellulose-processing and production installations, where the production capacity would exceed 10,000 tonnes per annum.
9. Rubber Industry
Installations for manufacture and treatment of elastomer based products, where the production capacity would exceed 10,000 tonnes per annum.
10. Infrastructure projects
(a) Industrial estate development projects, where the area would exceed 15 hectares.
(b) (i) Construction of more than 500 dwelling units.
(ii) Construction of car-parks providing more than 400 spaces.
(iii) Construction of shopping centres with a gross floor space exceeding 10,000 square metres (calculated in accordance with article 100(2) of the Local Government (Planning and Development) Regulations, 1994 ( S.I. No. 86 of 1994 )).
(iv) Urban development (other than that referred to in sub-paragraphs (i) to (iii)) which would involve an area greater than 2 hectares in the case of a business district, 10 hectares in the case of other parts of a built-up area, and 20 hectares elsewhere.
(In this paragraph, “business district” means a district within a city or town in which the predominant land use is retail or commercial use.)
(c) All construction of railways and of intermodal transhipment facilities and of intermodal terminals not included in Part I of this Schedule which would exceed 15 hectares in area.
(d) All airfields not included in Part I of this Schedule with paved runways which would exceed 800 metres in length.
(e) New or extended harbours and port installations, including fishing harbours, not included in Part I of this Schedule, where the area, or additional area, of water enclosed would be 20 hectares or more, or which would involve the reclamation of 5 hectares or more of land, or which would involve the construction of additional quays exceeding 500 metres in length.
(f) (i) Inland waterway construction not included in Part I of this Schedule which would extend over a length exceeding 2 km.
(ii) Canalisation and flood relief works, where the immediate contributing sub-catchment of the proposed works (i.e. the difference between the contributing catchments at the upper and lower extent of the works) would exceed 1,000 hectares or where more than 20 hectares of wetland would be affected or where the length of river channel on which works are proposed would be greater than 2 km.
(g) Dams and other installations not included in Part I of this Schedule which are designed to hold water or store it on a long-term basis, where the new or extended area of water impounded would be 30 hectares or more.
(h) All tramways, elevated and underground railways, suspended lines or similar lines of a particular type, used exclusively or mainly for passenger transport.
(i) (I) Oil pipelines and associated installations not included in Part I of this Schedule, where the length of new pipeline would exceed 40 km.
(II) Gas pipelines and associated installations not included in Part I of this Schedule, where the design pressure would exceed 16 bar and the length of new pipeline would exceed 40 kilometres.
(j) Installation of overground aqueducts which would have a diameter of 1,000 millimetres or more and a length of 500 metres or more.
(k) Coastal work to combat erosion and maritime works capable of altering the coast through the construction, for example, of dikes, moles, jetties and other sea defence works, where the length of coastline on which works would take place would exceed 1km, but excluding the maintenance and reconstruction of such works or works required for emergency purposes.
(l) Groundwater abstraction and artificial groundwater recharge schemes not included in Part I of this Schedule where the average annual volume of water abstracted or recharged would exceed 2 million cubic metres.
(m) Works for the transfer of water resources between river basins not included in Part I of this Schedule where the annual volume of water abstracted or recharged would exceed two million cubic metres.
11. Other projects
(a) All permanent racing and test tracks for motorised vehicles.
(b) Installations for the disposal of waste with an annual intake greater than 25,000 tonnes not included in Part I of this Schedule.
(c) Waste water treatment plants with a capacity greater than 10,000 population equivalent as defined in Article 2(6) of Directive 91/271/EEC not included in Part I of this Schedule.
(d) Sludge-deposition sites where the expected annual deposition is 5,000 tonnes of sludge (wet).
(e) Storage of scrap iron, including scrap vehicles where the site area would be greater than 5 hectares.
(f) Test benches for engines, turbines or reactors where the floor area would exceed 500 square metres.
(g) All installations for the manufacture of artificial mineral fibres.
(h) All installations for the manufacture, packing, loading or placing in cartridges of gunpowder and explosives or for the recovery or destruction of explosive substances.
(i) All knackers’ yards in built-up areas.
12. Tourism and Leisure
(a) Ski-runs, ski-lifts and cable-cars where the length would exceed 500 metres and associated developments.
(b) Sea water marinas where the number of berths would exceed 300 and fresh water marinas where the number of berths would exceed 100.
(c) Holiday villages which would consist of more than 100 holiday homes outside built-up areas; hotel complexes outside built-up areas which would have an area of 20 ha or more or an accommodation capacity exceeding 300 bedrooms.
(d) Permanent camp sites and caravan sites where the number of pitches would be greater than 100.
(e) Theme parks occupying an area greater than 5 ha.
13. Changes, extensions, development and testing
(a) Any change or extension of development which would—
(i) result in the development being of a class listed in Part I or paragraphs 1 to 12 of Part II of this Schedule, and
(ii) result in an increase in size greater than—
—25%, or
—an amount equal to 50% of the appropriate threshold,
whichever is the greater.
(b) Projects in Part I undertaken exclusively or mainly for the development and testing of new methods or products and not used for more than two years.
(In this paragraph, an increase in size is calculated in terms of the unit of measure of the appropriate threshold.)
SECOND SCHEDULE
Information to be contained in an Environmental Impact Statement
Article 25
1. (a) A description of the proposed development comprising information on the site, design and size of the proposed development.
(b) A description of the measures envisaged in order to avoid, reduce and, if possible, remedy significant adverse effects.
(c) The data required to identify and assess the main effects which the proposed development is likely to have on the environment.
(d) An outline of the main alternatives studied by the developer and an indication of the main reasons for his choice, taking into account the environmental effects.
2. Further information, by way of explanation or amplification of the information referred to in paragraph 1, on the following matters—
(a) (i) a description of the physical characteristics of the whole proposed development and the land-use requirements during the construction and operational phases;
(ii) a description of the main characteristics of the production processes, for instance, nature and quantity of the materials used;
(iii) an estimate, by type and quantity, of expected residues and emissions (including water, air and soil pollution, noise, vibration, light, heat and radiation) resulting from the operation of the proposed development;
(b) a description of the aspects of the environment likely to be significantly affected by the proposed development, including in particular:
—human beings, fauna and flora,
—soil, water, air, climatic factors and the landscape,
—material assets, including the architectural and archaeological heritage, and the cultural heritage,
—the inter-relationship between the above factors;
(c) a description of the likely significant effects (including direct, indirect, secondary, cumulative, short, medium and long-term, permanent and temporary, positive and negative) of the proposed development on the environment resulting from:
—the existence of the proposed development,
—the use of natural resources,
—the emission of pollutants, the creation of nuisances and the elimination of waste,
and a description of the forecasting methods used to assess the effects on the environment;
(d) an indication of any difficulties (technical deficiencies or lack of know-how) encountered by the developer in compiling the required information.
THIRD SCHEDULE
Criteria specified for the purposes of article 27
Article 27
1. Characteristics of proposed development
The characteristics of proposed development, in particular:
—the size of the proposed development,
—the cumulation with other proposed development,
—the use of natural resources,
—the production of waste,
—pollution and nuisances,
—the risk of accidents, having regard to substances or technologies used.
2. Location of proposed development
The environmental sensitity of geographical areas likely to be affected by proposed development, having regard in particular to:
—the existing land use,
—the relative abundance, quality and regenerative capacity of natural resources in the area,
—the absorption capacity of the natural environment, paying particular attention to the following areas:
(a) wetlands,
(b) coastal zones,
(c) mountain and forest areas,
(d) nature reserves and parks,
(e) areas classified or protected under legislation, including special protection areas designated pursuant to Directives 79/409/EEC and 92/43/EEC,
(f) areas in which the environmental quality standards laid down in legislation of the EU have already been exceeded,
(g) densely populated areas,
(h) landscapes of historical, cultural or archaeological significance.
3. Characteristics of potential impacts
The potential significant effects of proposed development in relation to criteria set out under paragraphs 1 and 2 above, and having regard in particular to:
—the extent of the impact (geographical area and size of the affected population),
—the transfrontier nature of the impact,
—the magnitude and complexity of the impact,
—the probability of the impact,
—the duration, frequence and reversibility of the impact.
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GIVEN under the Official Seal of the Minister for the Environmental and Local Government, this 14th day of April, 1999.
NOEL DEMPSEY
Minister for the Environment and Local Government.
EXPLANATORY NOTE.
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
The purpose of these Regulations is to transpose Directive 97/11/EC of 3 March, 1997 (O.J. No. 73/5, 14 March, 1997) relating to environmental impact assessment into Irish law. The Regulations contain amendments to the European Communities (Environmental Impact Assessment) Regulations, 1989 to 1998, and to provisions relating to environmental impact assessment in Local Government (Planning and Development) Acts, 1963 to 1998, and a number of other Acts, The Regulations come into operation on 1 May, 1999.
The amendments enable a person who is required to submit an environmental impact statement in respect of a proposed development to request the competent authority concerned to provide an opinion on the information to be contained in the statement. They also re-state and extend certain existing provisions, including those relating to the classes of development which require an environmental impact statement, and the procedures to be followed in the case of a proposed development which would be located on an environmentally sensitive site or be likely to have significant effects on the environment in another Member State of the European Communities.
Further amendments to the planning system to give effect to Directive 97/11/EC are contained in the Local Government (Planning and Development) Regulations, 1999 ( S.I. No. 92 of 1999 ).
(1) Nuclear power stations and other nuclear reactors cease to be such an installation when all nuclear fuel and other radioactively contaminated elements have been removed permanently from the installation site.
(2) For the purposes of this Directive “airport” means airports which comply with the definition in the 1944 Chicago Convention for setting up the International Civil Aviation Organisation (Annex IV).
(3)OJ No. L 194, 25 July, 1995, p.39. Directive as amended by Commission Decision 94/3/EC (OJ No. L5, 7 January, 1994, p.15).
(4)OJ No. L 337, 31 December, 1991, p.20. Directive as last amended by Directive 94/31/EC (OJ No. L 168, 2 July, 1994, p.28).
(5)OJ No. L 135, 30 June, 1991, p.40. Directive as last amended by the 1994 Act of Accession.
S.I. No. 450/2000 –
European Communities (Environmental Impact Assessment) (Amendment) Regulations, 2000.
The Minister for the Environment and Local Government, in exercise of the powers conferred on him by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving effect to the Council Directive of 27 June 1985 (No. 85/337/EEC, OJ No. L175/40, 5 July 1985) as amended by the Council Directive of 3 March, 1997 (No. 97/11/EC, O.J. No. L73/5, 14 March, 1997), hereby makes the following Regulations:—
Citation.
1. (1) These Regulations may be cited as the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 2000.
(2) These Regulations and the European Communities (Environmental Impact Assessment) Regulations, 1989 to 1999 shall be construed as one and may be collectively cited as the European Communities (Environmental Impact Assessment) Regulations, 1989 to 2000.
Commencement.
2. (1) These Regulations shall come into operation on 1 January, 2001.
(2) Where these Regulations provide for the amendment of an enactment, such enactment shall, notwithstanding any provision of the enactment as to commencement, have effect on and from the coming into operation of these Regulations.
Interpretation.
3. (1) In these Regulations:—
“the Act of 1963” means the Local Government (Planning and Development) Act, 1963 (No. 28 of 1963);
“the Act of 1963” means the Local Government (Planning and Development) Act, 1993 (No. 12 of 1993);
“the Act of 2000” means the Planning and Development Act, 2000 (No. 30 of 2000);
“the 1989 Regulations” means the European Communities (Environmental Impact Assessment) Regulations, 1989 ( S.I. No. 349 of 1989 );
“the 1994 Regulations” means the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1994 ( S.I. No. 84 of 1994 );
“the 1998 Regulations” means the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1998 ( S.I. No. 351 of 1998 );
“the 1999 Regulations” means the European Communities (Environmental Impact Assessment) Regulations, 1999 ( S.I. No. 93 of 1999 ).
(2) In these Regulations, save where the context otherwise requires, a reference to any enactment shall be construed as a reference to that enactment as amended or adapted by any subsequent enactment, including these Regulations.
Amendment of section 78 of Act of 1963.
4. Section 78 of the Act of 1963 is hereby amended by the substitution for subsection (2) (inserted by article 10 of the 1989 Regulations, as amended by article 8 of the 1994 Regulations and article 5 of the 1999 Regulations), subsection (3) (inserted by article 10 of the 1989 Regulations, as amended by article 5 of the 1998 Regulations and article 5 of the 1999 Regulations) and subsection (4) (as inserted by article 5 of the 1999 Regulations) of the following subsections:—
“(2) For the purposes of the Council Directive, regulations made in relation to any specified cases or classes of cases of development proposed to be carried out by or on behalf of local authorities who are planning authorities may—
(a) require the authority to prepare an environmental impact statement in respect of specified proposed development,
(b) empower the Board to require the authority to prepare an environmental impact statement in respect of other proposed development,
(c) require the authority to have, in respect of proposed development for which an environmental impact statement is required to be prepared, the certification of the Board that the proposed development (or the proposed development as varied or modified by it) will not, in its opinion, have significant adverse effects on the environment, or will embody the best practicable means to prevent or limit such effects,
(d) require the Board, before certifying proposed development, to have regard to—
(i) an environmental impact statement prepared in respect of that development,
(ii) any submissions or observations made to it in accordance with regulations under this subsection,
(iii) the report and any recommendations of the person conducting an oral hearing, if any, in accordance with regulations under this subsection or in accordance with subsection (5), and
(iv) the views of other Member States of the European Communities arising from consultation, if any, in accordance with regulations under this subsection,
(e) enable the Board, in relation to the certification referred to in paragraph (c) of this subsection, to vary or modify a proposed development in respect of which certification is sought,
(f) require the authority to give public notice in any specified form and manner, or to give notice to any specified persons, of applications for the certification referred to in paragraph (c) of this subsection,
(g) require the availability for public inspection of environmental impact statements, the availability for purchase of copies of such statements or extracts therefrom and the furnishing of copies of such statements to the Board and to any other specified persons,
(h) require the authority to furnish to the Board further information in relation to proposed development in respect of which an environmental impact statement has been prepared,
(i) provide for the making of submissions or observations to the Board in relation to the effects on the environment of proposed development in respect of which an environmental impact statement has been prepared,
(j) provide for the holding of an oral hearing by the Board in relation to proposed development,
(k) provide for consultation with other Member States of the European Communities in relation to proposed development,
(l) require the Board to give notice of its decision in relation to proposed development for which certification is sought in accordance with regulations under this subsection,
(m) require a planning authority, in dealing with an application by a local authority for permission under Part IV of this Act for development outside the functional area of that local authority, to have regard to any certification of the development by the Board under regulations in accordance with this subsection,
(n) provide for matters of procedure in relation to the making of a request for and the giving of a written opinion pursuant to subsection (4) of this section.
(3)(a) The Board may, subject to paragraph (d) of this subsection, by order, where it is satisfied that exceptional circumstances so warrant, grant an exemption in respect of proposed development from a requirement of regulations under subsection (2) of this section to prepare an environmental impact statement.
(b) The Board shall, in granting an exemption under paragraph (a) of this subsection, consider whether—
(i) the effects, if any, of the proposed development on the environment should be assessed in some other manner, and
(ii) the information collected in the course of such assessment should be made available to members of the public,
and it may apply such requirements regarding these matters as it considers necessary or appropriate.
(c) Notice of any exemption granted under paragraph (a) of this subsection, of the reasons for granting such exemption, and of any requirements applied under paragraph (b) of this subsection shall, as soon as may be,—
(i) be published in Iris Oifigiúil and in at least one daily newspaper published in the State, and
(ii) be given, together with a copy of the information, if any, made available to members of the public in accordance with the said paragraph (b), to the Commission of the European Communities.
(d) An exemption shall not be granted under paragraph (a) of this subsection in respect of proposed development if another Member State of the European Communities, having been informed about the proposed development and its likely effects on the environment in that State, has indicated that it intends to furnish views on the said effects.
(4)(a) If a local authority, before preparing an environmental impact statement in accordance with regulations made under subsection (2) of this section, so requests, the Board shall give a written opinion on the information to be contained in such statement.
(b) The giving of a written opinion in accordance with paragraph (a) of this subsection shall not prejudice the exercise by the Board of its powers pursuant to the Local Government (Planning and Development) Acts, 1963 to 1999, or any regulations made thereunder, to require the local authority which made the request to furnish further information in relation to the application for certification of the proposed development concerned.
(5) A person conducting an oral hearing, in accordance with section 218 of the Act of 2000, in relation to the compulsory purchase of land which relates wholly or partly to a proposed development for which an environmental impact statement has been prepared, pursuant to regulations under this section, shall be entitled to hear evidence in relation to the effects on the environment of the proposed development.
(6) Any application for certification in respect of proposed development made in accordance with the 1994 Regulations and not determined by 1 January, 2001, shall be transferred to the Board and the Board shall, in lieu of the Minister, determine the application in accordance with the regulations under this section.”.
Revocation.
5. Article 10 of the 1989 Regulations, as amended by Article 8 of the 1994 Regulations, Article 5 of the 1998 Regulations and Article 5 of the 1999 Regulations, and article 5 (d) of the 1999 Regulations are hereby revoked.
Oral hearing in respect of a proposed road development.
6. Notwithstanding section 51 (8)(b) of the Roads Act, 1993 (No. 14 of 1993), the Board may, where it considers it necessary or expedient for the purposes of making a decision in respect of a proposed road development submitted to it under section 51 of the Roads Act, 1993 (as amended by section 215 of the Act of 2000), hold an oral hearing and shall, in addition to the requirements of subsection (5) of that section, consider the report and any recommendations of the person holding the oral hearing before making its decision in relation to the proposed road development.
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GIVEN under the Official Seal of the Minister for the Environment and Local Government, this 20th day of December, 2000.
NOEL DEMPSEY,
Minister for the Environment and Local Government.
EXPLANATORY NOTE.
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
The purpose of these Regulations is to transfer the function of certifying environmental impact assessment of local authority own development from the Minister for the Environmental and Local Government to An Board Pleanála on 1 January 2001. The transfer of the certification function coincides with the transfer of the Minister’s function in relation to the approval of compulsory purchases of land by local authorities in accordance with sections 214 and 215 of the Planning and Development Act, 2000 .
S.I. No. 538/2001 –
European Communities (Environmental Impact Assessment) (Amendment) Regulations, 2001.
The Minister for the Environment and Local Government, in exercise of the powers conferred on him by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving effect to the Council Directive of 27 June 1985 (No. 85/337/EEC, O.J. No. L175/40, 5 July 1985), as amended by Council Directive of 3 March 1997 (No. 97/11/EC, O.J. No. L73/5, 14 March 1997), hereby makes the following Regulations :-
PART I
Preliminary and General
Citation.
1. (1) These Regulations may be cited as the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 2001.
(2) These Regulations and the European Communities (Environmental Impact Assessment) Regulations, 1989 to 2000 shall be construed as one and may be collectively cited as the European Communities (Environmental Impact Assessment) Regulations, 1989 to 2001.
Commencement.
2. (1) These Regulations shall come into operation on 10 December 2001.
(2) Notwithstanding sub-article (1), where an application for consent for development to which these Regulations refer is made before the date of coming into operation of these Regulations, the provisions of the appropriate enactment, before they were amended by these Regulations, shall continue to apply to the said application.
(3) Where these Regulations provide for the amendment of an enactment, such enactment shall, notwithstanding any provision of the enactment as to commencement, have effect on and from the coming into operation of these Regulations.
(4) In this article, “application for consent for development” means :-
(a) a relevant application under the Wildlife (Amendment) Act, 2000 (No. 38 of 2000);
(b) a relevant application under the European Communities (Natural Habitats) Regulations, 1997 ( S.I. No. 94 of 1997 );
(c) an application for planning permission under the Local Government (Planning and Development) Acts, 1963 to 1999.
Interpretation.
3. (1) In these Regulations:-
“the European Communities (Environmental Impact Assessment) Regulations, 1989 to 2000” has the meaning assigned to it in the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 2000 ( S.I. No. 450 of 2000 );
“the 1989 Regulations” means the European Communities (Environmental Impact Assessment) Regulations, 1989 ( S.I. No. 349 of 1989 );
“the 1998 Regulations” means the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1998 ( S.I. No. 351 of 1998 );
“the 1999 Regulations” means the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1999 ( S.I. No. 93 of 1999 ).
(2) In these Regulations, save where the context otherwise requires :-
(a) any reference to a Part, Chapter or article which is not otherwise identified is a reference to a Part, Chapter or article of these Regulations,
(b) a reference to any enactment shall be construed as a reference to that enactment as amended or adapted by any subsequent enactment, including these Regulations.
PART 2
Amendment of the European Communities (Environmental Impact Assessment) Regulations, 1989 to 2000.
Amendment of Part II of First Schedule to 1989 Regulations.
4. Part II of the First Schedule to the 1989 Regulations (as substituted by the 1999 Regulations) is hereby amended –
(a) by the substitution for sub-paragraph (d) (i) of paragraph 1 of the following sub-paragraph: –
“(d)(i) Initial afforestation which would involve an area of 50 hectares or more.”,
and
(b) by the substitution for sub-paragraph (a) of paragraph 2 of the following sub-paragraph: –
“(a) Peat extraction not included in Part I of this Schedule which would involve a new or extended area of 30 hectares or more.”.
PART 3
Amendment of Wildlife (Amendment) Act, 2000.
Amendment of Wildlife (Amendment) Act, 2000.
5. The Wildlife (Amendment) Act, 2000 is hereby amended by the insertion after section 19 of the following sections:—
“Environmental impact assessment of certain proposals relating to peat extraction.
19A.—(1) Where notice is given to the Minister under section 19 (1) (a) (i) or an application is made to the Minister under section 19 (1) (a) (ii) for permission to carry out works and the following circumstances apply:
(a) the Minister has not refused consent, and
(b) the works would be of a class of development for the time being specified under paragraph 2(a) of Part II of the First Schedule to the European Communities (Environmental Impact Assessment) Regulations, 1989 ( S.I. No. 349 of 1989 ) (as substituted by the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1999 ( S.I. No. 93 of 1999 )), or under any provision amending or replacing that provision, but for not exceeding the area for the time being specified in relation to that class, and
(c) the Minister considers, having regard to the criteria specified for the purposes of article 27 of the European Communities (Environmental Impact Assessment) Regulations, 1989 (as inserted by the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1999), or under any provision amending or replacing the said article 27, that the said works would be likely to have significant effects on the environment,
the Minister shall inform the owner, occupier or user, as the case may be, in writing that they are required to submit an environmental impact statement in respect of such works.
(2) An environmental impact statement shall contain the information for the time being specified under article 25 of the European Communities (Environmental Impact Assessment) Regulations, 1989 (as substituted by the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1998 ( S.I. No. 351 of 1998 )), or under any provision amending or replacing the said article 25.
(3) (a) If a person, before submitting an environmental impact statement in accordance with a requirement of this section, so requests, the Minister shall, after consulting the person who made the request, the planning authority in whose functional area the land is situated, and such Minister of the Government or other body or bodies as the Minister considers appropriate in the circumstances, give a written opinion on the information to be contained in such statement.
(b) A request under paragraph (a) for a written opinion on the information to be contained in an environmental impact statement shall state –
(i) the name and address, and telephone number and e-mail address, if any, of the person making the request and of the person, if any, acting on behalf of the person making the request,
(ii) the location, townland or postal address of the land to which the request relates,
and
(iii)a brief description of the nature of the proposed works and of their possible effects on the environment.
(c) Where the Minister considers that he or she has insufficient information to enable him or her to give a written opinion pursuant to a request, he or she shall, by notice in writing, require the person making the request to provide, within a specified period, such further information as he or she considers necessary.
(d) The Minister shall, in dealing with a request for a written opinion, have regard to –
(i) the information required to be contained in an environmental impact statement in accordance with subsection (2),
(ii) any information provided under paragraph (b) or any further information provided under paragraph (c), and
(iii)any consultations under paragraph (a).
(e) A written opinion shall indicate the extent to which the information specified in paragraph 2 of the Second Schedule to the European Communities (Environmental Impact Assessment) Regulations, 1989 (as substituted by the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1999), or in any provision amending or replacing the said paragraph, should be contained in the environmental impact statement.
(f) The giving of a written opinion in accordance with paragraph (a) shall not prejudice the exercise by the Minister of his or her powers under this Act to require the person who made the request to furnish further information in relation to the effects on the environment of the proposed works.
(4) (a) At the request of a person intending to carry out works, the Minister may, where he or she is satisfied that exceptional circumstances so warrant and after consultation with the Minister for the Environment and Local Government, grant in respect of proposed works an exemption from a requirement under this section to prepare an environmental impact statement, except that no exemption may be granted in respect of proposed works if another Member State of the European Communities, having been informed about the proposed works and their likely effects on the environment in that State, has indicated that it intends to furnish views on those effects.
(b) The Minister shall, in granting an exemption under paragraph (a), consider whether—
(i) the effects, if any, of the proposed works on the environment should be assessed in some other manner, and
(ii) the information arising from the assessment should be made available to the public,
and the Minister may apply such requirements regarding these matters as he or she considers necessary or appropriate.
(c) Notice of any exemption granted under paragraph (a), of the reasons for granting the exemption and of any requirements applied under paragraph (b) shall, as soon as may be,—
(i) be published in Iris Oifigiúil and in at least one newspaper circulating in the district in which is situated the land to which the proposed works relate, and
(ii) be given, together with a copy of the information, if any, made available to the public in accordance with paragraph (b), to the Commission of the European Communities.
Procedure in regard to submission of EIS.
19B.—(1) Where a person is required to submit an environmental impact statement in accordance with a requirement of section 19A, the person shall, not more than 2 weeks before submitting the environmental impact statement, publish notice of his or her intention to submit the environmental impact statement in at least one newspaper circulating in the district in which is situated the land to which the proposed works relate.
(2) A notice under subsection (1) shall state –
(a) the name of the person required to submit the environmental impact statement,
(b) the location, townland or postal address of the land to which the proposed works relate,
(c) the nature and extent of the proposed works,
(d) that, following a requirement of the Minister, an environmental impact statement will be submitted to the Minister in respect of the proposed works,
(e) that the environmental impact statement will be available for inspection free of charge or purchase, at a fee not exceeding the reasonable cost of making a copy, during office hours at the offices of the Minister or such other convenient place as the Minister may specify, and
(f) that submissions or observations in relation to the environmental impact statement may be made in writing to the Minister within 5 weeks of the date of receipt by the Minister of the environmental impact statement.
(3) An environmental impact statement submitted pursuant to a requirement of section 19A shall be accompanied by a copy of the relevant page of the newspaper in which a notice under subsection (1) was published.
(4) Where it appears to the Minister that a notice published under subsection (1) –
(a) does not comply with any of the requirements of subsections (1) or (2), or
(b) because of its content or for any other reason, is misleading or inadequate for the information of the public,
the Minister shall require the person concerned to give such further notice in such manner and in such terms as the Minister may specify and to submit such evidence as he or she may specify in relation to compliance with such requirement.
(5) An environmental impact statement submitted pursuant to a requirement of section 19A shall be made available for inspection free of charge or purchase, at a fee not exceeding the reasonable cost of making a copy, during office hours at the offices of the Minister or such other convenient place as the Minister may specify.
(6) Where the Minister receives an environmental impact statement in accordance with a requirement of section 19A he or she shall, as soon as may be following receipt of the environmental impact statement, send a copy of the environmental impact statement to the planning authority in whose functional area the land is situated, and such Minister of the Government or other body or bodies as the Minister considers appropriate in the circumstances, and shall indicate that a submission or observation in relation to the effects on the environment of the proposed works may be made in writing to the Minister within 5 weeks of the date of receipt by the Minister of the environmental impact statement.
(7) The Minister shall consider whether an environmental impact statement submitted in accordance with a requirement of section 19A complies with subsection (2) of that section or, where the Minister has given a written opinion under subsection (3) of that section, he or she shall consider whether the environmental impact statement complies with the said opinion.
(8) Where the Minister decides that an environmental impact statement does not comply with subsection (2) of section 19A or any relevant written opinion given by the Minister under subsection (3) of that section, as appropriate, he or she shall require the person who submitted the environmental impact statement to submit such further information as may be necessary to comply with the relevant subsection.
(9) The Minister shall, where he or she considers that further information furnished in accordance with a requirement under subsection (8) contains significant additional data in relation to the effects on the environment of the proposed works, as soon as may be following receipt of the further information, –
(a) send notice and a copy of the further information to any person or body consulted under subsection (6) indicating that a submission or observation in relation to the further information may be made in writing to the Minister within a specified period, and
(b) notify any person who made a submission or observation in relation to the proposed works –
(i) that significant further information in relation to the proposed works has been furnished to the Minister, and is available for inspection free of charge or purchase at a fee not exceeding the reasonable cost of making a copy, during office hours at the offices of the Minister or such other convenient place as the Minister may specify, and
(ii) that a submission or observation in relation to the further information received may be made in writing to the Minister within a specified period,
and
(c) require the person intending to carry out the proposed works to publish a notice in at least one newspaper circulating in the district in which is situated the land to which the proposed works relate, stating –
(i) the name of the person intending to carry out the proposed works,
(ii) the location, townland or postal address of the land to which the proposed works relate,
(iii) that significant further information in relation to the proposed works has been furnished to the Minister, and is available for inspection free of charge or purchase at a fee not exceeding the reasonable cost of making a copy, during office hours at the offices of the Minister or such other convenient place as the Minister may specify, and
(iv) that a submission or observation in relation to the further information may be made in writing to the Minister within a period specified by the Minister.
(10) Where it appears to the Minister that a notice published in accordance with subsection (9)(c) does not adequately inform the public, the Minister shall require the person who published the notice to give such further notice in such a manner and in such terms as the Minister may specify and to submit such evidence as he or she may specify in relation to compliance with such requirement.
Minister to have regard to certain matters.
19C.— Where an environmental impact statement has been submitted in accordance with a requirement of section 19A, the Minister shall, when making his or her decision under section 19, have regard to the said statement, to any further information furnished in accordance with subsection (8) of section 19B, to any submissions or observations, made in accordance with section 19B, in relation to the effects on the environment of the proposed works, and to the views, if any, furnished by other Member States of the European Communities pursuant to section 19D.
Consultation with other Member States of European Communities.
19D.—(1) Where the Minister considers that proposed works, which are the subject of an environmental impact statement in accordance with a requirement of section 19A, would be likely to have significant effects on the environment in another Member State of the European Communities, or where another Member State of the European Communities considers that the said works would be likely to have such effects and so requests, he or she shall, as soon as possible, send to that other Member State:-
(a) a description of the proposed works and any available information on their possible effects on the environment in that Member State, and
(b) relevant information about the procedure for making a decision in respect of the proposed works,
and shall give to that Member State a reasonable time to indicate whether it wishes to furnish views on the said effects.
(2) Where a Member State of the European Communities which has received information pursuant to subsection (1) indicates that it wishes to furnish views on the likely effects on the environment of the proposed works, the Minister shall send to that Member State-
(a) if he or she has not already done so, a copy of the environmental impact statement, and
(b) any further relevant information about the procedure for making a decision in respect of the proposed works.
(3) The Minister shall enter into consultations with a Member State of the European Communities, which has, in accordance with subsection (2), indicated that it wishes to furnish views on the likely effects on the environment of the proposed works, regarding the potential effects of the proposed works on the environment in that Member State and the measures envisaged to reduce or eliminate such effects.
(4) The Minister shall notify a Member State of the European Communities with whom consultations took place under subsection (3) of his or her decision in respect of the proposed works.
Public notice of Minister’s decision.
19E. — The Minister shall, as soon as may be following the making of a decision in relation to proposed works in respect of which an environmental impact statement was submitted in accordance with a requirement of section 19A, –
(a) publish notice of the decision in at least one newspaper circulating in the district in which is situated the land to which the proposed works relate, and
(b) make arrangements to make the said statement and information on the decision available for inspection by members of the public during a period to be specified by him or her.”.
PART 4
Amendment of European Communities (Natural Habitats) Regulations, 1997.
Amendment of European Communities (Natural Habitats) Regulations, 1997.
6. The European Communities (Natural Habitats) Regulations, 1997, as amended by the European Communities (Natural Habitats) (Amendment) Regulations, 1998 ( S.I. No. 233 of 1998 ), are hereby amended by –
(1) in Regulation 16(1), the insertion of the wording “and the provisions of Regulation 16A” after the wording “under Regulation 15(1)”, and
(2) the insertion after Regulation 16 of the following Regulations:—
“Environmental impact assessment of certain proposals relating to peat extraction.
16A.—(1) Having regard to the assessment under Regulation 15(1) and where the following circumstances apply:
(a) the Minister has not refused consent under Regulation 16, and
(b) the operation or activity would be of a class of development for the time being specified under paragraph 2(a) of Part II of the First Schedule to the European Communities (Environmental Impact Assessment) Regulations, 1989 ( S.I. No. 349 of 1989 ) (as substituted by the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1999 ( S.I. No. 93 of 1999 )), or under any provision amending or replacing that provision, but for not exceeding the area for the time being specified in relation to that class, and
(c) the Minister considers, having regard to the criteria specified for the purposes of article 27 of the European Communities (Environmental Impact Assessment) Regulations, 1989 (as inserted by the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1999), or under any provision amending or replacing the said article 27, that the likely effects on the environment of the said operation or activity are such as would warrant the carrying out of an environmental impact assessment,
the Minister shall, by notice in writing, require the applicant to submit an environmental impact statement in respect of such operation or activity.
(2) An environmental impact statement shall contain the information for the time being specified under article 25 of the European Communities (Environmental Impact Assessment) Regulations, 1989 (as substituted by the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1998 ( S.I. No. 351 of 1998 )), or under any provision amending or replacing the said article 25.
(3) (a) If a person, before submitting an environmental impact statement in accordance with the requirement of this Regulation, so requests, the Minister shall, after consulting the person who made the request, the planning authority in whose functional area the land is situated, and such Minister of the Government or other body or bodies as the Minister considers appropriate in the circumstances, give a written opinion on the information to be contained in such statement.
(b) A request under sub-paragraph (a) for a written opinion on the information to be contained in an environmental impact statement shall state –
(i) the name and address, and telephone number and e-mail address, if any, of the person making the request and of the person, if any, acting on behalf of the person making the request,
(ii) the location, townland or postal address of the land to which the request relates, and
(iii) a brief description of the nature of the proposed operation or activity and of its possible effects on the environment.
(c) Where the Minister considers that he or she has insufficient information to enable him or her to give a written opinion pursuant to a request, he or she shall, by notice in writing, require the person making the request to provide, within a specified period, such further information as he or she considers necessary.
(d) The Minister shall, in dealing with a request for a written opinion, have regard to –
(i) the information required to be contained in an environmental impact statement in accordance with paragraph (2),
(ii) any information provided under sub-paragraph (b) or any further information provided under sub-paragraph (c), and
(iii) any consultations under sub-paragraph (a).
(e) A written opinion shall indicate the extent to which the information specified in paragraph 2 of the Second Schedule to the European Communities (Environmental Impact Assessment) Regulations, 1989 (as substituted by the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1999), or in any provision amending or replacing the said paragraph, should be contained in the environmental impact statement.
(f) The giving of a written opinion in accordance with sub-paragraph (a) shall not prejudice the exercise by the Minister of his or her powers under these Regulations to require the person who made the request to furnish further information in relation to the effects on the environment of the proposed operation or activity.
(4) (a) At the request of a person intending to carry out an operation or activity, the Minister may, where he or she is satisfied that exceptional circumstances so warrant and after consultation with the Minister for the Environment and Local Government, grant in respect of the proposed operation or activity an exemption from a requirement under this Regulation to prepare an environmental impact statement, except that no exemption may be granted in respect of a proposed operation or activity if another Member State of the European Communities, having been informed about the proposed operation or activity and its likely effects on the environment in that State, has indicated that it intends to furnish views on those effects.
(b) The Minister shall, in granting an exemption under sub-paragraph (a), consider whether—
(i) the effects, if any, of the proposed operation or activity on the environment should be assessed in some other manner, and
(ii) the information arising from the assessment should be made available to the public,
and the Minister may apply such requirements regarding these matters as he or she considers necessary or appropriate.
(c) Notice of any exemption granted under sub-paragraph (a), of the reasons for granting the exemption and of any requirements applied under sub-paragraph (b) shall, as soon as may be,—
(i) be published in Iris Oifigiúil and in at least one newspaper circulating in the district in which is situated the land to which the proposed operation or activity relates, and
(ii) be given, together with a copy of the information, if any, made available to the public in accordance with sub-paragraph (b), to the Commission of the European Communities.
Procedure in regard to submission of EIS.
16B.—(1) Where a person is required to submit an environmental impact statement in accordance with a requirement of Regulation 16A, the person shall, not more than 2 weeks before submitting the environmental impact statement, publish notice of the intention to submit the environmental impact statement in at least one newspaper circulating in the district in which is situated the land to which the proposed operation or activity relates.
(2) A notice under paragraph (1) shall state –
(a) the name of the person required to submit the environmental impact statement,
(b) the location, townland or postal address of the land to which the proposed operation or activity relates,
(c) the nature and extent of the proposed operation or activity,
(d) that, following a requirement of the Minister, an environmental impact statement will be submitted to the Minister in respect of the proposed operation or activity,
(e) that the environmental impact statement will be available for inspection free of charge or purchase, at a fee not exceeding the reasonable cost of making a copy, during office hours at the offices of the Minister or such other convenient place as the Minister may specify, and
(f) that a submission or observation in relation to the environmental impact statement may be made in writing to the Minister within 5 weeks of the date of receipt by the Minister of the environmental impact statement.
(3) An environmental impact statement submitted pursuant to a requirement of Regulation 16A shall be accompanied by a copy of the relevant page of the newspaper in which a notice under paragraph (1) was published.
(4) Where it appears to the Minister that a notice published under paragraph (1) –
(a) does not comply with any of the requirements of paragraphs (1) or (2), or
(b) because of its content or for any other reason, is misleading or inadequate for the information of the public,
the Minister shall require the person concerned to give such further notice in such manner and in such terms as the Minister may specify and to submit such evidence as he or she may specify in relation to compliance with such requirement.
(5) An environmental impact statement submitted pursuant to a requirement of Regulation 16A shall be made available for inspection free of charge or purchase, at a fee not exceeding the reasonable cost of making a copy, during office hours at the offices of the Minister or such other convenient place as the Minister may specify.
(6) Where the Minister receives an environmental impact statement in accordance with a requirement of Regulation 16A, he or she shall, as soon as may be following receipt of the environmental impact statement, send a copy of the environmental impact statement to the planning authority in whose functional area the land is situated, and such Minister of the Government or other body or bodies as the Minister considers appropriate in the circumstances, and shall indicate that a submission or observation in relation to the effects on the environment of the proposed operation or activity may be made in writing to the Minister within 5 weeks of the date of receipt by the Minister of the environmental impact statement.
(7) The Minister shall consider whether an environmental impact statement submitted in accordance with a requirement of Regulation 16A complies with paragraph (2) of that Regulation or, where the Minister has given a written opinion under paragraph (3) of that Regulation, he or she shall consider whether the environmental impact statement complies with the said opinion.
(8) Where the Minister decides that an environmental impact statement does not comply with paragraph (2) of Regulation 16A or any relevant written opinion given by the Minister under paragraph (3) of that Regulation, as appropriate, he or she shall require the person who submitted the environmental impact statement to submit such further information as may be necessary to comply with that paragraph.
(9) The Minister shall, where he or she considers that further information furnished in accordance with a requirement under paragraph (8) contains significant additional data in relation to effects on the environment of the proposed operation or activity, as soon as may be following receipt of the further information, –
(a) send notice and a copy of the further information to any person or body consulted under paragraph (6) indicating that a submission or observation in relation to the further information may be made in writing to the Minister within a specified period, and
(b) notify any person who made a submission or observation in relation to the proposed operation or activity –
(i) that significant further information in relation to the proposed operation or activity has been furnished to the Minister, and is available for inspection free of charge or purchase at a fee not exceeding the reasonable cost of making a copy, during office hours at the offices of the Minister or such other convenient place as the Minister may specify, and
(ii) that a submission or observation in relation to the further information received may be made in writing to the Minister within a specified period,
and
(c) require the person intending to carry out the proposed operation or activity to publish a notice in at least one newspaper circulating in the district in which is situated the land to which the proposed operation or activity relates stating –
(i) the name of the person intending to carry out the proposed operation or activity,
(ii) the location, townland or postal address of the land to which the proposed operation or activity relates,
(iii) that significant further information in relation to the proposed operation or activity has been furnished to the Minister, and is available for inspection free of charge or purchase at a fee not exceeding the reasonable cost of making a copy, during office hours at the offices of the Minister or such other convenient place as the Minister may specify, and
(iv) that a submission or observation in relation to the further information may be made in writing to the Minister within a period specified by the Minister.
(10) Where it appears to the Minister that a notice published in accordance with paragraph (9)(c) does not adequately inform the public, the Minister shall require the person who published the notice to give such further notice in such a manner and in such terms as the Minister may specify and to submit such evidence as he or she may specify in relation to compliance with such requirement.
Minister to have regard to certain matters.
16C.—Where an environmental impact statement has been submitted in accordance with a requirement of or under Regulation 16A, the Minister shall, when making his or her decision under Regulation 16, have regard to the said statement, to any further information furnished in accordance with paragraph (8) of Regulation 16B, to any submissions or observations, made in accordance with Regulation 16B, in relation to the effects on the environment of the proposed operation or activity, and to the views, if any, furnished by other Member States of the European Communities pursuant to Regulation 16D.
Consultation with other Member States of European Communities.
16D.—(1) Where the Minister considers that a proposed operation or activity, which is the subject of an environmental impact statement in accordance with a requirement of Regulation 16A, would be likely to have significant effects on the environment in another Member State of the European Communities, or where another Member State of the European Communities considers that the said operation or activity would be likely to have such effects and so requests, he or she shall, as soon as possible, send to that other Member State-
(a) a description of the proposed operation or activity and any available information on its possible effects on the environment in that Member State, and
(b) relevant information about the procedure for making a decision in respect of the proposed operation or activity,
and shall give to that Member State a reasonable time to indicate whether it wishes to furnish views on the said effects.
(2) Where a Member State of the European Communities which has received information pursuant to paragraph (1) indicates that it wishes to furnish views on the likely effects on the environment of the proposed operation or activity, the Minister shall send to that Member State-
(a) if he or she has not already done so, a copy of the environmental impact statement, and
(b) any further relevant information about the procedure for making a decision in respect of the proposed operation or activity.
(3) The Minister shall enter into consultations with a Member State of the European Communities, which has, in accordance with paragraph (2), indicated that it wishes to furnish views on the likely effects on the environment of the proposed operation or activity, regarding the potential effects of the proposed operation or activity on the environment in that Member State and the measures envisaged to reduce or eliminate such effects.
(4) The Minister shall notify a Member State of the European Communities with whom consultations took place under paragraph (3) of his or her decision in respect of the proposed operation or activity.
Public notice of Minister’s decision.
16E.—The Minister shall, as soon as may be following the making of a decision in relation to a proposed operation or activity in respect of which an environmental impact statement was submitted in accordance with a requirement of Regulation 16A, –
(a) publish notice of the decision in at least one newspaper circulating in the district in which is situated the land to which the proposed operation or activity relates, and
(b) make arrangements to make the said statement and information on the decision available for inspection by members of the public during a period to be specified by him or her.”.
PART 5
Forest Consent System
Chapter 1
General
Interpretation for this Part.
7. In this Part –
“afforestation” means initial afforestation but does not include the planting of trees within the curtilage of a house;
“application” means an application for approval in respect of afforestation and “applicant” shall be construed accordingly;
“electoral division” is an electoral division within the meaning of section 63 of the Local Government Act, 1994 (No. 8 of 1994);
“EIS” means an environmental impact statement;
“European site” means—
(a) a site—
(i) notified for the purposes of Regulation 4 of the European Communities (Natural Habitats) Regulations, 1997, subject to any amendments made to it by virtue of Regulation 5 of those Regulations, or
(ii) transmitted to the Commission in accordance with Regulation 5(4) of the said Regulations, or
(iii) added by virtue of Regulation 6 of the said Regulations to the list transmitted to the Commission in accordance with Regulation 5(4) of the said Regulations,
but only until the adoption in respect of the site of a decision by the Commission under Article 21 of the Habitats Directive for the purposes of the third paragraph of Article 4(2) of that Directive,
(b) a site adopted by the Commission as a site of Community importance for the purposes of Article 4(2) of the Habitats Directive in accordance with the procedure laid down in Article 21 of that Directive,
(c) a special area of conservation within the meaning of the European Communities (Natural Habitats) Regulations, 1997,
(d) an area classified pursuant to paragraph (1) or (2) of Article 4 of the Birds Directive;
“Habitats Directive” means Council Directive No. 92/43/EEC of 21 May 1992 (O.J. No. L206, 22 July 1992) on the conservation of natural habitats and of wild fauna and flora;
“sub-threshold afforestation” means afforestation of a class for the time being specified under paragraph 1(d)(i) of Part II of the First Schedule to the 1989 Regulations (as substituted by the 1999 Regulations), or under any provision amending or replacing that provision, but for not exceeding the area for the time being specified in relation to that class;
“the Minister” means the Minister for the Marine and Natural Resources;
“transboundary State” means any State, other than Ireland, which is a Member State of the European Communities or a party to the Transboundary Convention.
Chapter 2
Approval Procedures
Obligation to obtain approval.
8. (1) Approval shall be required under this Part in respect of afforestation.
(2) A person shall not carry out any afforestation in respect of which approval is required by sub-article (1), except under and in accordance with an approval under this Part.
(3) An application to undertake afforestation shall be made to the Minister and shall contain such particulars or information as the Minister may from time to time determine.
Application accompanied by EIS.
9. Any person who makes an application which is required to be accompanied by an EIS in accordance with this Part shall comply with the requirements of Chapter 3 in addition to the requirements of this Chapter.
Notice to prescribed bodies.
10. (1) Where the Minister receives an application, he or she shall send notice in accordance with sub-article (2) as soon as may be after receipt of the application —
(a) where it appears to the Minister, having regard to any relevant protocol drawn up between the Minister and the Environmental Protection Agency, that the proposed afforestation might cause significant acidification of waters – to the Environmental Protection Agency and the appropriate regional fisheries board,
(b) where it appears to the Minister that the proposed afforestation might have significant effects in relation to nature conservation – to the Minister for Arts, Heritage, Gaeltacht and the Islands,
(c) where it appears to the Minister that the proposed afforestation might have a significant effect on an archaeological site or feature – to the Minister for Arts, Heritage, Gaeltacht and the Islands and An Taisce – The National Trust for Ireland, and
(d) where it appears to the Minister that the afforestation might be situated in an area of special amenity, whether or not an order in respect of that area has been confirmed under section 203 (or deemed to be so confirmed under section 268 (1) (c)) of the Planning and Development Act, 2000 (No. 30 of 2000), – to the appropriate local authority, Bord Failte Eireann and An Taisce — The National Trust for Ireland.
(2) Notice given by the Minister pursuant to sub-article (1) shall include a copy of the application together with a map of the site on which the afforestation is proposed and shall state —
(a) the reference number of the application, and
(b) that any submission or observation made to the Minister in relation to the application within 4 weeks of the date of the notice will be taken into account by the Minister in making his or her decision on the application.
(3) Without prejudice to sub-article (1), the Minister may carry out such consultation in relation to any particular application which he or she considers appropriate.
(4) The Minister shall acknowledge in writing the receipt of any submission or observation referred to in sub-article (2)(b) as soon as may be following receipt of the submission or observation.
(5) Where a body to whom notice is sent pursuant to sub-article (1) does not make a submission or observation in relation to an application within 4 weeks of the date of the notice, the Minister may determine the application without further notice to that body.
Public consultation.
11. (1) Where the Minister has sent a notice pursuant to article 10(1), he or she shall publish notice of the application in at least one newspaper circulating in the district in which is situated the land to which the proposed afforestation relates.
(2) Notice under sub-article (1) shall state –
(a) the reference number of the application,
(b) the location, townland and electoral division of the land to which the application relates,
(c) the nature and extent of the proposed afforestation,
(d) that the application and map of the site on which the afforestation is proposed will be available for inspection free of charge or purchase, at a fee not exceeding the reasonable cost of making a copy, during office hours at the offices of the Minister or such other convenient place as the Minister may specify, and
(e) that a submission or observation in relation to the application may be made in writing to the Minister within 3 weeks of the date of publication of the notice by the Minister.
(3) The Minister shall acknowledge in writing the receipt of any submission or observation referred to in sub-article (2)(e) as soon as may be following receipt of the submission or observation.
(4) Where a submission or observation is received by the Minister after the period specified in the notice under sub-article (1), the Minister shall return to the person or body concerned the submission or observation received and notify the person or body that their submission or observation cannot be considered by the Minister.
Determination of application.
12. (1) Where –
(a) an application is made to the Minister in accordance with this Part, and
(b) all requirements of this Part are complied with,
the Minister may decide to grant approval subject to or without conditions or to refuse approval.
(2) The Minister shall, when considering an application under this Part, have regard to –
(a) in addition to the application itself, any information relating to the application furnished by the applicant in accordance with this Part,
(b) any written submission or observation concerning the proposed afforestation made to the Minister in accordance with this Chapter by a person or body other than the applicant,
(c) the National Forest Standard,
(d) the Code of Best Forest Practice,
(e) any environmental guidelines which the Minister may from time to time issue,
(f) any Standards and Procedures Manual which the Minister may from time to time issue,
(g) where relevant, the policy of the Government, the Minister or any other Minister of the Government, and
(h) any other relevant provision or requirement of this Part.
Notification of decision on application.
13. Notification of a decision by the Minister in respect of an application shall, as soon as may be, be given to the applicant and to any other person or body who made a submission or observation in accordance with articles 10 or 11 and shall specify —
(a) the reference number of the application,
(b) the nature of the decision,
(c) the date of the decision,
(d) in the case of a decision to grant an approval, any conditions attached thereto, and
(e) the main reasons and considerations on which the decision is based, and, where conditions are imposed in relation to any grant of approval, the main reasons for the imposition of any such conditions.
Public notification.
14. Where any provision of this Part requires notice to be given to any person who has made a submission or observation to the Minister, the Minister may dispense with that requirement where –
(a) a large number of submissions or observations are made as part of an organised campaign, or
(b) it is not possible to readily ascertain the full name and address of any person who made a submission or observation,
provided that the Minister uses some other means of giving notice to the public that the Minister is satisfied can adequately draw the attention of the public to that notice including, in the case of an organised campaign referred to in paragraph (a), giving notice to any person who, in the opinion of the Minister, organised the campaign.
Chapter 3
Environmental Impact Assessment
Requirement for EIS.
15. Where an application is made in respect of afforestation of a class for the time being specified under paragraph 1(d)(i) of Part II of the First Schedule to the 1989 Regulations (as substituted by the 1999 Regulations), or under any provision amending or replacing that provision, that application shall be accompanied by an EIS.
Content of EIS.
16. An EIS shall contain the information for the time being specified under article 25 of the 1989 Regulations (as substituted by the 1998 Regulations), or under any provision amending or replacing the said article 25.
EIS Exemption
17. (1) At the request of an applicant or a person intending to apply for approval for afforestation, the Minister may, where he or she is satisfied that exceptional circumstances so warrant and after consultation with the Minister for the Environment and Local Government, grant in respect of proposed afforestation an exemption from a requirement of or under this Chapter to prepare an EIS, except that no exemption may be granted in respect of proposed afforestation if a transboundary State, having been informed about the proposed afforestation and its likely effects on the environment in that State, has indicated that it intends to furnish views on those effects.
(2) The Minister shall, in granting an exemption under sub-article (1), consider whether —
(a) the effects, if any, of the proposed afforestation on the environment should be assessed in some other manner, and
(b) the information arising from the assessment should be made available to the public,
and the Minister may apply such requirements regarding these matters as he or she considers necessary or appropriate.
(3) Notice of any exemption granted under sub-article (1), of the reasons for granting the exemption and of any requirements applied under sub-article (2) shall, as soon as may be,-
(a) be published in Iris Oifigiúil and in at least one newspaper circulating in the district in which is situated the land to which the proposed afforestation relates, and
(b) be given, together with a copy of the information, if any, made available to the members of the public in accordance with sub-article (2), to the Commission of the European Communities.
Invalid application.
18. (1) Where an application in respect of which an EIS is required under article 15 is not accompanied by an EIS, it shall be invalid, and the provisions of sub-article (3) shall apply.
(2) Where an exemption has been granted under article 17, sub-article (1) shall not apply.
(3) The Minister shall, as soon as may be after receipt of an invalid application, —
(a) by notice in writing-
(i) inform the applicant that the application is invalid and cannot be considered by the Minister, and
(ii) indicate the basis on which the application is deemed invalid,
and
(b) return to the applicant the application, including all particulars, plans, drawings and maps.
EIS exemption – other requirements.
19. (1) Where the Minister has, in granting an exemption under article 17, applied other requirements in respect of a proposed afforestation, an application for such afforestation shall comply with such requirements.
(2) Where an application for afforestation in respect of which the Minister has applied other requirements under article 17(2) does not, when made, comply with sub-article (1), the Minister shall, as soon as may be following receipt of the application, by notice in writing, require the applicant to comply with such requirements.
EIS submitted with sub-threshold application.
20. Where an application for sub-threshold afforestation is accompanied by an EIS, the application shall be dealt with as if the EIS had been submitted in accordance with article 15.
Requirement to submit EIS with sub-threshold application.
21. (1) Where an application for sub-threshold afforestation is not accompanied by an EIS, and the Minister considers that the proposed afforestation would be likely to have significant effects on the environment, he or she shall, by notice in writing, require the applicant to submit an EIS.
(2) Where an application for sub-threshold afforestation is not accompanied by an EIS, and the proposed afforestation would be located on or in —
(a) a European site,
(b) an area the subject of a notice under section 16 (2)(b) of the Wildlife (Amendment) Act, 2000 ,
(c) an area designated as a natural heritage area under section 18 of the Wildlife (Amendment) Act, 2000 ,
(d) land established or recognised as a nature reserve within the meaning of section 15 or 16 of the Wildlife Act, 1976 (No. 39 of 1976), as amended by sections 26 and 27 of the Wildlife (Amendment) Act, 2000 , or
(e) land designated as a refuge for flora or as a refuge for fauna under section 17 of the Wildlife Act, 1976 , as amended by section 28 of the Wildlife (Amendment) Act, 2000 ,
the Minister shall decide whether the proposed afforestation would or would not be likely to have significant effects on the environment of such site, area or land, as appropriate.
(3) The Minister shall, in deciding under this article whether proposed afforestation would or would not be likely to have significant effects on the environment, have regard to the criteria specified for the purposes of article 27 of the 1989 Regulations (as inserted by the 1999 Regulations), or under any provision amending or replacing the said article 27.
(4) Where an EIS is submitted to the Minister pursuant to a notice under sub-article (1), the application shall be deemed to be made on the date of receipt by the Minister of the EIS.
EIS exemption.
22. (1) A notice served under article 21 shall cease to have effect where an exemption is granted under article 17 in respect of afforestation to which the application relates on the date of the grant of the exemption.
(2) Where a notice served under article 21 ceases to have effect in accordance with sub-article (1), the Minister shall, as soon as may be, by notice in writing, inform the applicant of this fact and the date on which the notice ceased to have effect and, where other requirements have been applied in respect of the proposed afforestation, require the applicant to comply with such requirements.
Notice of EIS.
23. Where an application is accompanied by an EIS, the Minister shall, in addition to the requirements of article 10, send a copy of the EIS to any body he or she is required to notify under that article.
Further notice where Minister requires EIS.
24. Where the Minister receives an EIS pursuant to a notice under article 21, he or she shall, as soon as may be following receipt of the EIS, –
(a) where notice has already been sent in accordance with article 10 to any body referred to in that article, send a copy of the EIS to any such body, indicating that a submission or observation in relation to the EIS may be made in writing to the Minister within 5 weeks of the date of receipt by the Minister of the EIS,
(b) notify any person who made a submission or observation in relation to the application in accordance with this Part, indicating that the EIS is available for inspection free of charge or purchase, at a fee not exceeding the reasonable cost of making a copy, during office hours at the offices of the Minister or such other convenient place as the Minister may specify, and that a submission or observation in relation to the EIS may be made in writing to the Minister within 4 weeks of the date of the notice,
(c) publish notice of receipt of the EIS in at least one newspaper circulating in the district in which is situated the land to which the proposed afforestation relates, stating-
(i) the reference number of the application,
(ii) the location, townland and electoral division of the land to which the application relates,
(iii) the nature and extent of the proposed afforestation,
(iv) that the EIS will be available for inspection free of charge or purchase, at a fee not exceeding the reasonable cost of making a copy, during office hours at the offices of the Minister or such other convenient place as the Minister may specify, and
(v) that a submission or observation in relation to the EIS may be made in writing to the Minister within 4 weeks of the date of publication of the notice by the Minister.
Adequacy of EIS.
25. (1) The Minister shall consider whether an EIS submitted in respect of an application complies with article 16 or, where the Minister has given a written opinion under article 27(5), he or she shall consider whether the EIS complies with the said opinion.
(2) Where the Minister decides that an EIS does not comply with article 16 or any relevant written opinion given by the Minister under article 27(5), as appropriate, he or she shall require the person who submitted the EIS to submit such further information as may be necessary to comply with the relevant article.
Notice of further information.
26. The Minister shall, where he or she considers that further information furnished in accordance with a requirement under article 25(2) contains significant additional data in relation to effects on the environment of the proposed afforestation, as soon as may be following receipt of the further information, –
(a) send notice and a copy of the further information to any person or body specified in article 10, as appropriate, indicating that a submission or observation in relation to the further information may be made in writing to the Minister within a specified period,
(b) notify any person who made a submission or observation in relation to the proposed afforestation –
(i) that significant further information in relation to the proposed afforestation has been furnished to the Minister, and is available for inspection free of charge or purchase at a fee not exceeding the reasonable cost of making a copy, during office hours at the offices of the Minister or such other convenient place as the Minister may specify, and
(ii) that a submission or observation in relation to the further information may be made in writing to the Minister within a specified period,
and
(c) publish a notice in at least one newspaper circulating in the district in which is situated the land to which the proposed afforestation relates, stating –
(i) the reference number of the application,
(ii) the location, townland and electoral division of the land to which the proposed afforestation relates,
(iii) that significant further information in relation to the proposed afforestation has been furnished to the Minister, and is available for inspection free of charge or purchase, at a fee not exceeding the reasonable cost of making a copy, during office hours at the offices of the Minister or such other convenient place as the Minister may specify, and
(iv) that a submission or observation in relation to the further information may be made in writing to the Minister within the period specified in the notice.
Scoping request.
27. (1) If a person, before submitting an EIS in accordance with a requirement of or under this Chapter, so requests, the Minister shall give a written opinion on the information to be contained in such statement.
(2) A request for a written opinion on the information to be contained in an EIS shall state –
(a) the name and address, and telephone number and e-mail address if any, of the person making the request and of the person, if any, acting on behalf of the person making the request,
(b) the location, townland and electoral division of the land to which the request relates, and
(c) a brief description of the nature of the proposed afforestation and of its possible effects on the environment.
(3) (a) The Minister shall, as soon as may be after receiving a request for a written opinion, –
(i) give notice of having received the request to the bodies referred to in article 10, as appropriate, indicating that a submission or observation in relation to the information to be contained in the EIS may be made to the Minister within 4 weeks beginning on the date of the notice, and
(ii) notify the person who made the request of the bodies to whom notice was given under sub-paragraph (i) and advise the person that a submission or observation in relation to the information to be contained in the EIS may be made to the Minister within 4 weeks beginning on the date of the notice.
(b) A notice given under paragraph (a)(i) shall contain the information referred to in sub-article (2) and, where appropriate, any further information provided under sub-article (4).
(c) A notice under paragraphs (a)(i) and (a)(ii) in respect of the same request shall be issued on the same date.
(4) Where the Minister considers that he or she has insufficient information to enable him or her to give a written opinion pursuant to a request, he or she shall, by notice in writing, require the person making the request to provide, within a specified period, such further information as he or she considers necessary.
(5) The Minister shall, not later than 3 weeks after the expiry of the period referred to in sub-article (3)(a) or any period specified under sub-article (4), whichever is the later, give a written opinion to the person who made the request.
(6) The Minister shall, in dealing with a request for a written opinion, have regard to —
(a) the information required to be contained in an EIS in accordance with article 16,
(b) any information provided under sub-article (2) and any further information provided under sub-article (4), and
(c) any submission or observation received in response to a notice under sub-article (3).
(7) A written opinion shall indicate the extent to which the information specified in paragraph 2 of the Second Schedule to the 1989 Regulations (as substituted by the 1999 Regulations), or in any provision amending or replacing the said paragraph, should be contained in the EIS.
(8) The giving of a written opinion under this article shall not prejudice the exercise by the Minister of his or her powers under this Part to require the person who made the request to furnish further information in relation to an application under this Part.
Copies of EIS.
28. Where an EIS is required to be submitted to the Minister, the applicant shall submit 10 copies of the EIS.
Availability of EIS for inspection or purchase.
29. An EIS submitted pursuant to a requirement of these Regulations shall be made available for inspection free of charge or purchase, at a fee not exceeding the reasonable cost of making a copy, during office hours at the offices of the Minister or such other convenient place as the Minister may specify.
Transboundary consultation.
30. (1) Where the Minister considers that proposed afforestation which is the subject of an EIS in accordance with a requirement of or under this Part would be likely to have significant effects on the environment in a transboundary State, or where a transboundary State considers that the said afforestation would be likely to have such effects and so requests, he or she shall, as soon as possible, send to that State –
(a) a description of the proposed afforestation and any available information on its possible effects on the environment in that State, and
(b) relevant information about the procedure for making a decision in respect of the proposed afforestation.
and shall give to that State a reasonable time to indicate whether it wishes to furnish views on the said effects.
(2) Where a transboundary State which has received information under sub-article (1) indicates that it wishes to furnish views on the likely effects on the environment of the proposed afforestation, the Minister shall send to that State:-
(a) if he or she has not already done so, a copy of the EIS, and
(b) any further relevant information about the procedure for making a decision in respect of the proposed afforestation.
(3) The Minister shall enter into consultations with a transboundary State, which has, in accordance with sub-article (2), indicated that it wishes to furnish views on the likely effects on the environment of the proposed afforestation, regarding the potential effects of the proposed afforestation on the environment in that State and the measures envisaged to reduce or eliminate such effects.
Determination of application.
31. When considering an application to which this Chapter applies, the Minister shall, in addition to the requirements of article 12, have regard to the EIS, any additional information furnished in relation to the EIS, any submission or observation concerning the effects on the environment of the proposed afforestation and the views, if any, of any transboundary State.
Notice of decision.
32. (1) In addition to the requirements of article 13, a notice under that article shall, in the case of an application to which this Chapter applies, be sent to –
(a) any person or body who made a submission or observation pursuant to article 24 or article 26, and
(b) any relevant transboundary State.
(2) The Minister shall, as soon as may be following the making of a decision in relation to an application to which this Chapter applies, make arrangements to make the EIS and information on the decision available for inspection by members of the public during a period to be specified by him or her.
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GIVEN under the Official Seal of the Minister for the Environment and Local Government this 4th day of December, 2001.
Noel Dempsey, T.D.
____________________________________
Minister for the Environment and Local Government.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
The purpose of these Regulations is to facilitate compliance with the European Court of Justice ruling of 21 September 1999 (Case C-392/96) that the EIA thresholds adopted by Ireland in relation to initial afforestation (70 hectares) and peat extraction (50 hectares) exceeded the discretion available to Ireland under Directive 85/337/EEC on Environmental Impact Assessment in that they did not take account of the nature, location or cumulative effect of projects below these thresholds.
With regard to initial afforestation, the Regulations provide for the introduction of a statutory consent system by the Minister for the Marine and Natural Resources (to coincide with initial afforestation being taken out of the planning control system under the Local Government (Planning and Development) (Amendment) Regulations, 2001 ( S.I. No. 539 of 2001 )). The forest consent system provides for mandatory EIA above the reduced 50-hectare threshold and also provides for the possibility of sub-threshold EIA, where a project is likely to have significant effects on the environment.
The threshold for mandatory EIA in relation to peat extraction is reduced from 50 hectares to 30 hectares. Separate Regulations have been made i.e. the Local Government (Planning and Development) (Amendment) Regulations, 2001 ( S.I. No. 539 of 2001 ), to introduce a new planning threshold for peat extraction of 10 hectares. In addition, these Regulations introduce amendments to the Wildlife (Amendment) Act, 2000 and the European Communities (Natural Habitats) Regulations, 1997 to allow for the possibility of EIA for peat extraction in NHAs and SACs, respectively, below the 10-hectare planning threshold, where a project is likely to have significant effects on the environment.
.I. No. 659/2006 –
European Communities (Environmental Impact Assessment) (Amendment) Regulations 2006
EUROPEAN COMMUNITIES (ENVIRONMENTAL IMPACT ASSESSMENT) (AMENDMENT) REGULATIONS 2006
The Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on him by section 3 of the European Communities Act 1972 (No. 27 of 1972), and for the purpose of giving effect to certain provisions of Directive 2003/35/EC of the European Parliament and the Council of 26 May 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC (No. 2003/35/EC, O.J. No. L156/17 – L156/24, 25 June 2003), hereby makes the following Regulations:
PART I
PRELIMINARY AND GENERAL
Citation.
1. These Regulations may be cited as the European Communities (Environmental Impact Assessment) (Amendment) Regulations 2006.
Commencement.
2. (1) Where a valid application for consent for development to which these Regulations refer is received by the planning authority before the date of coming into operation of these Regulations, the provisions of the appropriate enactment, shall continue to apply to said application (including any appeal that relates to that application) as if that enactment had not been amended.
(2) Subject to sub-article (1) where these Regulations provide for the amendment of an enactment, such amendment shall have effect on and from the coming into operation of these Regulations.
(3) In this article, “application for consent for development” means –
(a) an application for planning permission under the Act, or
(b) an application for approval for a development to be carried out by or on behalf of a local authority or State authority to An Bord Pleanála under the Act.
Interpretation.
3. In these Regulations “the Act” means the Planning and Development Act 2000 (No. 30 of 2000) as amended.
PART II
AMENDMENT OF THE PLANNING AND DEVELOPMENT ACT 2000
Amendment of Section 172 of the Act.
4. The following paragraph is substituted for Section 172(3)(b) of the Act:
“(b) The Board shall, in granting an exemption under paragraph (a), –
(i) consider whether the effects, if any, of the proposed development on the environment should be assessed in some other form, and
(ii) make available to members of the public the information relating to the exemption decision referred to under paragraph (a), the reasons for granting such exemption and the information obtained under any other form of assessment referred to in subparagraph (i),
and the Board may apply such requirements regarding these matters in relation to the application for permission as it considers necessary or appropriate.”.
Amendment of Section 174 of the Act.
5. The following subsection is substituted for Section 174 (4) of the Act:
“(4) In any case where –
(a) notification has been received from another Member State of the European Communities or other party to the Transboundary Convention, in respect of any development, or
(b) a planning authority or a State authority requests, or in any other case where the Minister otherwise decides,
the Minister may request another Member State of the European Communities or other party to the Transboundary Convention to forward information in respect of any development which is subject to the Council Directive or Transboundary Convention and which is likely to have significant environmental effects in Ireland.”.
Amendment of Section 175 of the Act.
6.(1) The following clauses are inserted after clause (II) of Section 175(4)(a)(i):
“(III) it is notifying a Member State of the European Communities or any other party to the Transboundary Convention of its opinion that the proposed development to which the application for approval to An Bord Pleanála relates would be likely to have significant effects on the environment in that State,
(IV) the Board may give approval to the application for development with or without conditions or may refuse the application for development.”.
6.(2) Section 175(8)(b) of the Act is substituted by the following paragraph:
“(b) The Board shall, in granting an exemption under paragraph (a), –
(i) consider whether the effects, if any, of the proposed development on the environment should be assessed in some other form, and
(ii) make available to members of the public the information relating to the exemption decision referred to under paragraph (a), the reasons for granting such exemption and the information obtained under any other form of assessment referred to in subparagraph (i),
and the Board may apply such requirements regarding these matters in relation to the application for approval as it considers necessary or appropriate.”.
GIVEN under the Official Seal of the Minister for the Environment, Heritage and Local Government this 19th day of December, 2006.
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Dick Roche T.D.
Minister for the Environment, Heritage and Local Government
EXPLANATORY NOTE
(This note is not part of the instrument and does not purport to be a legal interpretation)
These Regulations provide for the transposition into Irish planning law of provisions in EU Directive 2003/35/EC amending the Environmental Impact Assessment (EIA) Directive (85/337/EEC) regarding public participation in the assessment of the effects of certain public and private projects on the environment.
These Regulations amend the provisions of the Planning and Development Act 2000 and the Planning and Development Regulations 2001 by providing for revised procedures to enhance public participation in the environmental impact assessment of projects having transboundary environmental impacts.
S.I. No. 282/2012 –
European Union (Environmental Impact Assessment) (Integrated Pollution Prevention and Control) Regulations 2012.
I, PHIL HOGAN, Minister for the Environment, Community and Local Government, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving further effect to Directive No. 2011/92/EU of the European Parliament and of the Council of 13 December 20111 on the assessment of the effects of certain public and private projects on the environment hereby make the following regulations:
1. (1) These Regulations may be cited as the European Union (Environmental Impact Assessment) (Integrated Pollution Prevention and Control) Regulations 2012.
(2) These Regulations come into operation on 30 September 2012.
2. In these Regulations—
“Act of 1992” means the Environmental Protection Agency Act 1992 (No. 7 of 1992);
“Act of 2000” means the Planning and Development Act 2000 (No. 30 of 2000);
“Act of 2003” means the Protection of the Environment Act 2003 (No. 27 of 2003).
3. Section 3 of the Act of 1992 is amended—
(a) by inserting the following definition:
“ “environmental impact assessment” shall be construed in accordance with section 83(2A);”,
(b) by substituting the following definition for the definition of “environmental impact statement”:
“ “environmental impact statement” means a statement of the direct and indirect effects that a proposed activity will have or is likely to have on the environment and shall include the information specified in Annex IV to Directive No. 2011/92/EU of the European Parliament and of the Council of 13 December 20111 on the assessment of the effects of certain public and private projects on the environment;
OJ No. L 26, 28.1.2012 p.1,”,
and
(c) by inserting the following subsection after subsection (2):
“(2A) Subject to this Act, a word or expression that is used in this Act and that is also used in Directive No. 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment has, unless the context otherwise requires, the same meaning in this Act as it has in that Directive.”.
4. (1) Section 83 (inserted by section 15 of the Act of 2003) of the Act of 1992 is amended—
(a) by inserting the following subsection after subsection (2):
“(2A)(a) In this subsection:
“application for a licence” means an application made to the Agency—
(i) for a licence under this Part, or
(ii) by the licensee under section 90(1)(b) for a review of a licence or revised licence;
“environmental impact assessment” means an assessment, to include an examination, analysis and evaluation, carried out by the Agency in accordance with this section that shall identify, describe and assess in an appropriate manner, in light of each individual case and in accordance with Articles 4 to 11 of Directive No. 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment, the direct and indirect effects of a proposed activity on the following:
(i) human beings, flora and fauna;
(ii) soil, water, air, climate and the landscape;
(iii) material assets and the cultural heritage;
(iv) the interaction between the factors referred to in paragraphs (i), (ii) and (iii).
(b) The Agency as part of its consideration of an application for a licence shall ensure before a licence or a revised licence is granted, and where the activity to which such licence or revised licence relates is likely to have significant effects on the environment by virtue, inter alia, of its nature, size or location, that, in accordance with this subsection and section 87(1A) to (1H), the application is made subject to an environmental impact assessment as respects the matters that come within the functions of the Agency including the functions conferred on the Agency by or under this Act.
(c) Subject to paragraph (b) and section 87(1A) to (1H), an environmental impact assessment shall be carried out by the Agency in respect of an application for a licence relating to an activity, where development comprising or for the purpose of the activity is:
(i) development of a class prescribed by regulations under section 176 of the Act of 2000 that exceeds a quantity, area or other limit prescribed by those regulations, or
(ii) development of a class prescribed by regulations under section 176 of the Act of 2000 that does not exceed a quantity, area or other limit prescribed under those regulations but that the Agency determines would be likely to have significant effects on the environment.
(d) Subject to section 87(1A) to (1H) an applicant for a licence shall submit an environmental impact statement with the application for the licence made to the Agency—
(i) where the application for a licence concerned is in respect of an activity relating to development or proposed development referred to in paragraph (c)(i), or
(ii) where the Agency determines that the application for a licence concerned is in respect of an activity relating to development or proposed development referred to in paragraph (c)(ii) that would be likely to have significant effects on the environment.
(e) The Agency shall request the production by the applicant of any additional or supplemental information that it considers necessary to enable it to carry out an environmental impact assessment as required under this section.
(f) In relation to an application for a licence to which paragraph (d) refers—
(i) the Agency shall consider the content of the environmental impact statement and any other material including maps or plans submitted as part of the application for a licence and determine whether that content adequately identifies, describes, and assesses the direct and indirect effects of the proposed development, and
(ii) if the Agency determines that the environmental impact statement and other material does not so adequately identify, describe or assess, the Agency shall give notice in writing to the applicant for the licence requesting further information, which notice shall—
(I) identify the manner in which the content of the environmental impact statement and other material is inadequate, and
(II) require the applicant for the licence to furnish to the Agency additional information required to correct the inadequacy so identified.
(g) In carrying out its consideration of an application for a licence and in carrying out an environmental impact assessment the Agency may have regard to, and adopt in whole or in part, any reports prepared by its officials or by consultants, experts or other advisors.”,
(b) in subsection (3) by substituting the following paragraph for paragraph (e)(i)—
“(i) the particulars submitted with the application including the environmental impact statement (if any) and any other material including maps or plans,”, and
(c) in subsection (4) by inserting the following paragraph after paragraph (a):
“(aa) Where the Agency decides, in relation to an application for a licence to which subsection (2A)(c) refers, to grant a licence or a revised licence the Agency may attach such conditions to the licence or revised licence as it considers necessary to avoid, reduce and, if possible, offset the major adverse effects of the development or proposed development (if any) comprising or for the purposes of the activity to which the application for a licence relates.”.
(2) Nothing in regulations made under section 85 or 89 of the Act of 1992 in force on the coming into operation of these Regulations shall be construed as—
(a) restricting the Agency from performing its functions, or
(b) affecting any requirement or obligation imposed on the Agency or any person referred to in or prescribed under section 87(2) of the Act of 1992,
pursuant to the amendments to section 83 of the Act of 1992 effected by paragraph (1).
5. (1) Section 87 (inserted by section 15 of the Act of 2003) of the Act of 1992, is amended—
(a) by inserting the following subsections after subsection (1):
“(1A) In subsections (1B) to (1H)—
“application for a licence” means an application made to the Agency—
(a) for a licence or a revised licence under this Part, or
(b) by the licensee under section 90(1)(b) for a review of a licence or a revised licence.
“application for permission” means—
(a) an application for permission for development under Part III of the Act of 2000,
(b) an application for approval for development under section 175, 177AE, 181A, 182A, 182C or 226 of the Act of 2000, or
(c) an application for substitute consent under section 177E of the Act of 2000;
“grant of permission” means—
(a) a grant of permission for development under Part III of the Act of 2000,
(b) an approval for development under section 175, 177AE, 181B, 182B, 182D or 226 of the Act of 2000, or
(c) a grant of substitute consent under section 177K of the Act of 2000.
(1B) Where an application for a licence is made to the Agency in respect of an activity that involves development or proposed development for which a grant of permission is required the applicant shall furnish to the Agency—
(a) confirmation in writing from a planning authority or An Bord Pleanála, as the case may be, that an application for permission comprising or for the purposes of the activity to which the application for a licence relates, is currently under consideration by the planning authority concerned or An Bord Pleanála, and in that case shall also furnish to the Agency either—
(i) a copy of the environmental impact statement where one is required by or under the Act of 2000 relating to that application for permission, or
(ii) confirmation in writing from the planning authority or An Bord Pleanála that an environmental impact assessment is not required by or under the Act of 2000,
or
(b) a copy of a grant of permission comprising or for the purposes of the activity to which the application for the licence relates that was issued by the planning authority concerned or An Bord Pleanála and in that case shall also furnish to the Agency either—
(i) where the planning authority or An Bord Pleanála, accepted or required the submission of an environmental impact statement in relation to the application for permission, a copy of the environmental impact statement, or
(ii) confirmation in writing from the planning authority or An Bord Pleanála that an environmental impact assessment was not required by or under the Act of 2000.
(1C) Where an application for a licence is made to the Agency in respect of an activity that involves development or proposed development for which a grant of permission is required but the applicant does not comply with subsection (1B), the Agency shall refuse to consider the application and shall inform the applicant accordingly.
(1D) The Agency, on receipt of an application for a licence where an environmental impact statement is required under subsection (1B)(a)(i) shall—
(a) within 2 weeks of the date of receipt of such application notify the planning authority in whose functional area the activity is or will be situate or An Bord Pleanála, as the case may be, that it has received an application to which subsection (1B)(a)(i) applies and request the planning authority or An Bord Pleanála to respond to the Agency within 4 weeks of receipt of the notice and furnish any observations that the planning authority or An Bord Pleanála has in relation to the application for a licence,
(b) consider any observations furnished to the Agency by the planning authority or An Bord Pleanála following a request under paragraph (a) before notifying under section 87(2), indicating its proposed determination in relation to the application for a licence,
(c) enter into consultations, as the Agency considers appropriate, with the planning authority or An Bord Pleanála in relation to any environmental impacts of the proposed development comprising or for the purposes of the activity to which the application for a licence relates,
(d) ensure that a grant of permission has been made or a decision has been made to refuse a grant of permission for development comprising or for the purposes of the activity to which the application for the licence relates and the period for any appeal under section 37 of the Act of 2000 has expired without an appeal being made before notifying under section 87(2), indicating its proposed determination in relation to the application for a licence.
(1E) The Agency, on receipt of an application for a licence where an environmental impact statement is required under subsection (1B)(b)(i) shall—
(a) within 2 weeks of the date of receipt of such application notify the planning authority in whose functional area the activity is or will be situate or An Bord Pleanála, as the case may be, that it has received an application to which subsection (1B)(b)(i) applies and request the planning authority or An Bord Pleanála to respond to the Agency within 4 weeks of receipt of the notice—
(i) stating whether the activity to which the application for a licence relates is permitted by the grant of permission referred to in subsection (1B)(b), and
(ii) furnishing all documents relating to the environmental impact assessment carried out by the planning authority or An Bord Pleanála in respect of the development or proposed development to which the grant of permission referred to in subsection (1B)(b) refers and any observations that the planning authority or An Bord Pleanála has in relation to the application for a licence,
(b) consider any observations furnished to the Agency by the planning authority or An Bord Pleanála following a request under paragraph (a) before notifying under section 87(2) indicating its proposed determination in relation to the application for a licence,
(c) enter into consultations, as the Agency considers appropriate, with the planning authority or An Bord Pleanála in relation to any environmental impacts of the proposed development or development in being, as the case may be, comprising or for the purposes of the activity to which the application for a licence relates.
(1F) Where—
(a) a planning authority concerned or An Bord Pleanála gives notice to the Agency of an application for permission comprising or for the purposes of an activity requiring a licence under section 83 or a review on the application of the licensee, under section 90(1)(b), of a licence or a revised licence, and
(b) the application for permission is accompanied by an environmental impact statement or in relation to which an environmental impact statement was sought by the planning authority or An Bord Pleanála,
the Agency shall—
(i) satisfy itself that the development or proposed development the subject of the application for permission is development comprising or for the purposes of an activity requiring a licence or a revised licence under section 83 or a review, on the application of the licensee under section 90(1)(b) of a licence or a revised licence,
(ii) forward to the planning authority or An Bord Pleanála, as the case may be, such observations as it has on the application for permission, including the environmental impact statement, and
(iii) enter into such consultations with the planning authority or An Bord Pleanála in relation to the environmental impacts of the proposed development as the Agency, or planning authority or An Bord Pleanála, as the case may be, considers necessary to enable completion of the assessment.
(1G)(a) The environmental impact assessment required to be carried out by the Agency under section 83(2A), where an application for a licence is in respect of an activity that involves development or proposed development that is the subject of an environmental impact assessment by the planning authority concerned or An Bord Pleanála under the Act of 2000, may be carried out by the Agency in part or in whole by way of consultation with, or the submission of observations to, that planning authority or An Bord Pleanála.
(b) Where an application for permission relates to development or proposed development comprising or for the purposes of an activity in respect of which a licence under this Part is required—
(i) in relation to which a grant of permission is required, which development is of a class prescribed by regulations made under section 176 of the Act of 2000 but does not exceed a quantity, area or limit prescribed under those regulations, and
(ii) in respect of which, the planning authority concerned or An Bord Pleanála is obliged under the Act of 2000 to make a determination whether an environmental impact assessment is required,
the Agency shall, when requested by the planning authority concerned or An Bord Pleanála, consult with or provide observations to the planning authority or An Bord Pleanála to assist the planning authority or An Bord Pleanála in its deliberations in relation to the determination referred to in paragraph (ii) and shall accept the determination of the planning authority or An Bord Pleanála so made.
(1H)(a) Where the Agency receives an application for a licence in respect of an activity that involves development or proposed development for which a grant of permission is not required and the Agency, under section 83(2A) decides that an environmental impact assessment is required in relation to the activity concerned, the Agency shall request the applicant to submit an environmental impact statement and where the applicant fails to submit such statement within the period specified in the request, or any additional period as may be specified by the Agency, the application for a licence shall be deemed to be withdrawn.
(b) Where an environmental impact statement is submitted to the Agency in accordance with a request under paragraph (a), the application for a licence shall be deemed to be made on the date of receipt by the Agency of the environmental impact statement.
(c) Where an environmental impact statement is submitted to the Agency in accordance with a request under paragraph (a), the Agency shall do the following—
(i) within 2 weeks of the date of receipt of such statement notify the planning authority in whose functional area the activity is or will be situate that it has received an application to which this subsection applies and request the planning authority concerned to respond to the Agency within 4 weeks of the date of the notice and furnish any observations that the planning authority has in relation to the application for a licence including the environmental impact statement,
(ii) consider any observations furnished to the Agency following a request under subparagraph (i) by the planning authority before notifying under section 87(2) indicating its proposed determination in relation to the application for a licence, and
(iii) enter into consultations, as the Agency considers appropriate, with the planning authority in relation to any environmental impacts of the proposed activity to which the application for a licence relates.”,
(b) in subsection (2):
(i) by inserting “including an application for a licence, within the meaning of subsection (1A), to which section 83(2A) applies” after “of its own volition)”, and
(ii) by inserting the following paragraph after paragraph (a):
“(aa) where An Bord Pleanála is considering or has considered an application for permission for development comprising or for the purposes of the activity in relation to which the application for a licence to which section 83(2A) applies is required, An Bord Pleanála,”.
(c) by inserting the following subsection after subsection (3):
“(3A)(a) Notwithstanding subsection (3), in relation to an application for a licence within the meaning of subsection (1A), to which subsection (1B) applies, the Agency may extend the period of 8 weeks referred to in subsection (3) by such period as the Agency, in consultation with the planning authority concerned or An Bord Pleanála, as the case may be, considers necessary for completion of consultations referred to in subsection (1D), (1E), (1F) or (1H) with the planning authority or An Bord Pleanála or to enable the Agency to comply with subsection (1D)(d).
(b) The Agency shall give notice in writing of the extension of the period under paragraph (a) to a person referred to in paragraph (a), (aa), (b), (c) or (d) of subsection (2).”,
(d) in subsection 8(a) by inserting the following subparagraph after subparagraph (ii):
“(iia) where a planning authority concerned or An Bord Pleanála is considering or has considered an application for permission for development comprising or for the purposes of the activity in relation to which the application for a licence to which section 83(2A) applies is required, the planning authority or An Bord Pleanála.”,
and
(e) by inserting the following subsection after subsection (9):
“(9A) When—
(a) in relation to an application for a licence under this Part a decision to grant or refuse the licence has been taken, or
(b) a decision is made on the review of a licence or a revised licence under section 90(1)(b) on the application of a licensee,
the Agency, in accordance with regulations under section 89, shall inform the persons referred to in or prescribed under subsection (2), including the public, of its decision and shall make available the following information:
(i) the content of the decision and any conditions attached thereto;
(ii) an evaluation, subject to section 83(2A), of the direct and indirect effects of the activity or proposed activity on the factors referred to in paragraphs (i) to (iii) of the definition of environmental impact assessment in section 83(2A)(a) and the interaction between those factors;
(iii) having examined any submission or observation made to the Agency—
(I) the main reasons and considerations on which the decision is based, and
(II) the main reasons and considerations for the attachment of any conditions,
including reasons and considerations arising from or related to submissions or observations made by a member of the public;
(iv) a description, where necessary, of the main measures to be taken to avoid, reduce and, if possible, offset the major adverse effects of the activity or proposed activity;
(v) any reports referred to in section 83(2A)(g);
(vi) information on the procedures available to the persons referred to in or prescribed under subsection (2), including the public, to review the substantive and procedural legality of the decision.”.
(2) Nothing in regulations made under section 85 or 89 of the Act of 1992 in force on the coming into operation of these Regulations shall be construed as—
(a) restricting the Agency from performing its functions, or
(b) affecting any requirement or obligation imposed on the Agency or any person referred to in or prescribed under section 87(2),
pursuant to the amendments to section 87 of that Act effected by paragraph (1).
6. (1) Section 89 (inserted by section 15 of the Act of 2003) of the Act of 1992 is amended in subsection (2) by inserting the following paragraphs after paragraph (e):
“(ea) requiring applicants, licensees or other persons to furnish to the Agency or any other specified person, within such period as may be specified, any additional or supplemental information to enable the Agency to carry out an environmental impact assessment,
(eb) requiring applicants, licensees or other persons to furnish information to the Agency, within such period as may be specified, in response to a request for additional or supplemental information under and for the purposes of section 83(2A)(e).”.
(2) Nothing in regulations made under section 85 or 89 of the Act of 1992 in force on the coming into operation of these Regulations shall be construed as—
(a) restricting the Agency from performing its functions, or
(b) affecting any requirement or obligation imposed on the Agency or any person referred to in or prescribed under section 87(2),
pursuant to the amendments to section 89 of that Act effected by paragraph (1).
7. Section 99F (inserted by section 15 of the Act of 2003) of the Act of 1992 is amended by deleting subsections (3) and (4).
8. The Act of 2000 is amended by inserting the following new section after section 173:
“Environmental impact assessment and integrated pollution prevention and control licences.
173A.(1) In this section—
“Act of 1992” means the Environmental Protection Agency Act 1992 ;
“activity” shall have the meaning assigned to it by section 3 of the Act of 1992;
“application for a licence” means, in relation to an integrated pollution prevention and control licence under Part IV of the Act of 1992, an application made to the Environmental Protection Agency—
(a) for such a licence under section 83 of the Act of 1992, or
(b) by the licensee under section 90(1)(b) of the Act of 1992 for a review of such a licence or a revised licence;
“application for permission” means—
(a) an application for permission for development under Part III,
(b) an application for approval for development under section 175, 177AE, 181A, 182A, 182C or 226, or
(c) an application for substitute consent under section 177E;
“grant of permission” means—
(a) a grant of permission for development under Part III,
(b) an approval for development under section 175, 177AE, 181B, 182B, 182D or 226, or
(c) a grant of substitute consent under section 177K.
(2) Where a planning authority or the Board is considering an application for permission and is requested by the applicant for a grant of permission to confirm in writing that the development the subject of the application for permission relates to an activity in respect of which an integrated pollution prevention and control licence under Part IV of the Act of 1992 is required, the planning authority or the Board shall, as soon as possible, confirm in writing that the development the subject of the application for permission so relates to the activity.
(3) Where a request is made by an applicant under subsection (2) and the application for permission concerned was not accompanied by an environmental impact statement and the planning authority or the Board did not require the submission of an environmental impact statement, the planning authority or the Board shall on a request in that behalf made to it by the applicant, also provide written confirmation to the applicant that an environmental impact assessment in respect of the development concerned is not required by or under this Act.
(4) Where a grant of permission has been issued for a development comprising or for the purposes of an activity in respect of which an integrated pollution prevention and control licence under Part IV of the Act of 1992 is required and the relevant planning authority or the Board is requested by the Environmental Protection Agency, in connection with an application for a licence, to—
(a) state whether the activity to which the application for a licence relates is permitted by the grant of permission that has been issued, and
(b) furnish a copy of all documents relating to the environmental impact assessment carried out in respect of the proposed development, and
(c) furnish any observations it has in relation to the application for a licence,
the planning authority or the Board shall comply with the request within the period specified in the request by the Environmental Protection Agency.
(5) Where a planning authority or the Board is considering an application for permission in respect of development—
(a) of a class prescribed by regulations under section 176 that does not exceed a quantity, area or limit prescribed under those regulations,
(b) in respect of which the planning authority or the Board is obliged under this Act to make a determination whether an environmental impact assessment is required, and
(c) in respect of which application for permission the planning authority or the Board consider an integrated pollution prevention and control licence under Part IV of the Act of 1992 is required,
the planning authority or the Board shall request observations from the Agency to assist the planning authority or the Board in its deliberations in relation to the determination referred to in paragraph (b) and shall take into account any such observations when making that determination.
(6) Where a person makes an application for permission in respect of development under this Act and has made, intends to make or is considering making an application for an integrated pollution prevention and control licence under Part IV of the Act of 1992 in respect of an activity relating to that development, the person shall so notify the planning authority or the Board when making the application for permission.”.
9. These Regulations apply to an application for a licence or an application by the licensee for the review of a licence or a revised licence under Part IV of the Act of 1992 made to the Environmental Protection Agency on or after the day of the coming into operation of these Regulations.
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GIVEN under the Official Seal of the Minister for the Environment, Community and Local Government,
26 July 2012.
PHIL HOGAN,
Minister for the Environment Community and Local Government.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
The purpose of these Regulations is to give further effect in Irish law to Article 3 and Articles 2 to 4 of Directive No. 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment insofar as it applies to certain licensable activities that require both a land-use consent and an integrated pollution prevention and control licence.
These Regulations amend the Environmental Protection Agency Act 1992 (No. 7 of 1992) and the Planning and Development Act 2000 (No. 30 of 2000) so as to ensure that an environmental impact assessment is carried out, where required under Directive No. 2011/92/EU, in relation to relevant decisions of the Environmental Protection Agency to grant an integrated pollution prevention and control licence.
1 OJ No. L 26, 28.1.2012 p.1S.I. No. 283/2012 –
European Union (Environmental Impact Assessment) (Waste) Regulations 2012.
I, PHIL HOGAN, Minister for the Environment, Community and Local Government, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving further effect to Directive No. 2011/92/EU of the European Parliament and of the Council of 13 December 20111 on the assessment of the effects of certain public and private projects on the environment hereby make the following regulations:
1. (1) These Regulations may be cited as the European Union (Environmental Impact Assessment) (Waste) Regulations 2012.
(2) These Regulations come into operation on 30 September 2012.
2. In these Regulations—
“Act of 1996” means the Waste Management Act 1996 (No. 10 of 1996);
“Act of 2000” means the Planning and Development Act 2000 (No. 30 of 2000);
“Act of 2003” means the Protection of the Environment Act 2003 (No. 27 of 2003).
3. Section 2 of the Act of 1996 is amended in the Table thereto by substituting “Directive No. 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment5” for “Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment5
5 O.J. No. L 26, 28.1.2012 p.1”.
4. Section 5 of the Act of 1996 is amended—
(a) by inserting the following definitions:
“ “development” has the meaning assigned to it by section 3 of the Planning and Development Act 2000 ”;
“environmental impact assessment” shall be construed in accordance with section 40(2A);”,
(b) by substituting the following definition for the definition of “environmental impact statement”:
“ “environmental impact statement” means a statement of the direct and indirect effects that a proposed development will have or is likely to have on the environment and shall include the information specified in Annex IV to Directive No. 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment11;
11 O.J. No. L 26, 28.1.2012 p.1”.
and
(c) by inserting the following subsection after subsection (3A):
“(3B) Subject to this Act, a word or expression that is used in this Act and that is also used in Directive No. 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment has, unless the context otherwise requires, the same meaning in this Act as it has in that Directive.”.
5. (1) Section 40 (inserted by section 35 of the Act of 2003) of the Act of 1996 is amended—
(a) in subsection (2) by substituting the following for paragraph (b)(ii)(I):
“(I) the particulars submitted with the application including the environmental impact statement (if any) submitted under and in accordance with a requirement of, or made pursuant to regulations under, section 45 and any other material including maps and plans,”,
(b) by inserting the following subsection after subsection (2):
“(2A)(a) In this subsection:
“application for a waste licence” means an application made to the Agency—
(i) for a waste licence under section 40, or
(ii) by the holder of the waste licence for a review under section 46 of the waste licence;
“environmental impact assessment” means an assessment, to include an examination, analysis and evaluation, carried out by the Agency in accordance with this section that shall identify, describe and assess in an appropriate manner, in light of each individual case and in accordance with Articles 4 to 11 of Directive No. 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment, the direct and indirect effects of a proposed development on the following:
(i) human beings, flora and fauna;
(ii) soil, water, air, climate and the landscape;
(iii) material assets and the cultural heritage;
(iv) the interaction between the factors referred to in paragraphs (i), (ii) and (iii).
(b) The Agency as part of its consideration of an application for a waste licence shall ensure before a waste licence is granted, and where the activity to which such waste licence relates is likely to have significant effects on the environment by virtue, inter alia, of its nature, size or location, that, in accordance with this subsection and section 42(1A) to (1H), the application is made subject to an environmental impact assessment as respects the matters that come within the functions of the Agency including the functions conferred on the Agency by or under this Act.
(c) Subject to paragraph (b) and section 42(1A) to (1H), an environmental impact assessment shall be carried out by the Agency in respect of an application for a waste licence relating to an activity, where development comprising or for the purpose of the activity is:
(i) development of a class prescribed by regulations under section 176 of the Planning and Development Act 2000 that exceeds a quantity, area or other limit prescribed by those regulations, or
(ii) development of a class prescribed by regulations under section 176 of the Planning and Development Act Act 2000 that does not exceed a quantity, area or other limit prescribed under those regulations but that the Agency determines would be likely to have significant effects on the environment.
(d) Subject to section 42(1A) to (1H) an applicant for a waste licence shall submit an environmental impact statement with the application for the waste licence made to the Agency—
(i) where the application for a waste licence concerned is in respect of an activity relating to development or proposed development referred to in paragraph (c)(i), or
(ii) where the Agency determines that the application for a waste licence concerned is in respect of an activity relating to development or proposed development referred to in paragraph (c)(ii) that would be likely to have significant effects on the environment.
(e) The Agency shall request the production by the applicant of any additional or supplemental information that it considers necessary to enable it to carry out an environmental impact assessment as required under this section.
(f) In relation to an application for a waste licence to which paragraph (d) refers—
(i) the Agency shall consider the content of the environmental impact statement and any other material including maps or plans submitted as part of the application for a waste licence and determine whether that content adequately identifies, describes, and assesses the direct and indirect effects of the proposed development, and
(ii) if the Agency determines that the environmental impact statement and other material does not so adequately identify, describe or assess, the Agency shall give notice in writing to the applicant for the licence requesting further information, which notice shall—
(I) identify the manner in which the content of the environmental impact statement and other material is inadequate, and
(II) require the applicant for the licence to furnish to the Agency additional information required to correct the inadequacy so identified.
(g) In carrying out its consideration of an application for a waste licence and in carrying out an environmental impact assessment the Agency may have regard to, and adopt in whole or in part, any reports prepared by its officials or by consultants, experts or other advisors.”.
(2) Nothing in regulations made under sections 41 or 45 of the Act of 1996 in force on the coming into operation of these Regulations should be construed as—
(a) restricting the Agency from performing its functions, or
(b) affecting any requirement or obligation imposed on the Agency or any person referred to in or prescribed under section 42(2) of the Act of 1996,
pursuant to the amendments to section 40 of the Act of 1996 effected by paragraph (1).
6. (1) Section 41 of the Act of 1996 is amended by inserting the following subsection after subsection (2):
“(2A) Where the Agency decides, in relation to an application for a waste licence to which section 40(2A)(c) refers, to grant a waste licence the Agency may attach such conditions to the waste licence as it considers necessary to avoid, reduce and, if possible, offset the major adverse effects of the development or proposed development (if any) comprising or for the purposes of the activity to which the application for a waste licence relates.”.
(2) Nothing in regulations under section 41 or 45 of the Act of 1996 in force on the coming into operation of these Regulations should be construed as—
(a) restricting the Agency from performing its functions, or
(b) affecting any requirement or obligation imposed on the Agency or any person referred to in or prescribed under section 42(2) of the Act of 1996,
pursuant to the amendments to section 41 of the Act of 1996 effected by paragraph (1).
7. (1) Section 42 of the Act of 1996 is amended—
(a) by inserting the following subsections after subsection (1):
“(1A) In subsections (1B) to (1H)—
“application for a licence” means an application made to the Agency—
(a) for a waste licence under section 40, or
(b) by the holder of a waste licence for a review under section 46 of the waste licence;
“application for permission” means—
(a) an application for permission for development under Part III of the Planning and Development Act 2000 ,
(b) an application for approval for development under section 175, 177AE, 181A, 182A, 182C or 226 of the Planning and Development Act 2000 , or
(c) an application for substitute consent under section 177E of the Planning and Development Act 2000 ;
“grant of permission” means—
(a) a grant of permission for development under Part III of the Planning and Development Act 2000 ,
(b) an approval for development under section 175, 177AE, 181B, 182B, 182D or 226 of the Planning and Development Act 2000 , or
(c) a grant of substitute consent under section 177K of the Planning and Development Act 2000 .
(1B) Where an application for a licence is made to the Agency in respect of an activity that involves development or proposed development for which a grant of permission is required the applicant shall furnish to the Agency—
(a) confirmation in writing from a planning authority or An Bord Pleanála, as the case may be, that an application for permission comprising or for the purposes of the activity to which the application for a licence relates, is currently under consideration by the planning authority concerned or An Bord Pleanála, and in that case shall also furnish to the Agency either—
(i) a copy of the environmental impact statement where one is required by or under the Planning and Development Act 2000 relating to that application for permission, or
(ii) confirmation in writing from the planning authority or An Bord Pleanála that an environmental impact assessment is not required by or under the Planning and Development Act 2000 ,
or
(b) a copy of a grant of permission comprising or for the purposes of the activity to which the application for the licence relates that was issued by the planning authority concerned or An Bord Pleanála and in that case shall also furnish to the Agency either—
(i) where the planning authority or An Bord Pleanála, accepted or required the submission of an environmental impact statement in relation to the application for permission, a copy of the environmental impact statement, or
(ii) confirmation in writing from the planning authority or An Bord Pleanála that an environmental impact assessment was not required by or under the Planning and Development Act 2000 .
(1C) Where an application for a licence is made to the Agency in respect of an activity that involves development or proposed development for which a grant of permission is required but the applicant does not comply with subsection (1B), the Agency shall refuse to consider the application and shall inform the applicant accordingly.
(1D) The Agency, on receipt of an application for a waste licence where an environmental impact statement is required under subsection (1B)(a)(i) shall—
(a) within 2 weeks of the date of receipt of such application notify the planning authority in whose functional area the activity is or will be situate or An Bord Pleanála, as the case may be, that it has received an application to which subsection (1B)(a)(i) applies and request the planning authority or An Bord Pleanála to respond to the Agency within 4 weeks of receipt of the notice and furnish any observations that the planning authority or An Bord Pleanála has in relation to the application for a licence,
(b) consider any observations furnished to the Agency by the planning authority or An Bord Pleanála following a request under paragraph (a) before giving notice under section 42(2) of the decision it proposes to make in relation to the application for a licence,
(c) enter into consultations, as the Agency considers appropriate, with the planning authority or An Bord Pleanála in relation to any environmental impacts of the proposed development comprising or for the purposes of the activity to which the application for a licence relates,
(d) ensure that a grant of permission has been made or a decision has been made to refuse a grant of permission for development comprising or for the purposes of the activity to which the application for the licence relates and the period for any appeal under section 37 of the Planning and Development Act 2000 has expired without an appeal being made before giving notice under section 42(2) of the decision it proposes to make in relation to the application for a licence.
(1E) The Agency, on receipt of an application for a waste licence where an environmental impact statement is required under subsection (1B)(b)(i) shall—
(a) within 2 weeks of the date of receipt of such application notify the planning authority in whose functional area the activity is or will be situate or An Bord Pleanála, as the case may be, that it has received an application to which subsection (1B)(b)(i) applies and request the planning authority or An Bord Pleanála to respond to the Agency within 4 weeks of receipt of the notice—
(i) stating whether the activity to which the application for a licence relates is permitted by the grant of permission referred to in subsection (1B)(b), and
(ii) furnishing all documents relating to the environmental impact assessment carried out by the planning authority or An Bord Pleanála in respect of the development or proposed development to which the grant of permission referred to in subsection (1B)(b) refers and any observations that the planning authority or An Bord Pleanála has in relation to the application for a licence,
(b) consider any observations furnished to the Agency by the planning authority or An Bord Pleanála following a request under paragraph (a) before giving notice under section 42(2) of the decision it proposes to make in relation to the application for a licence,
(c) enter into consultations, as the Agency considers appropriate, with the planning authority or An Bord Pleanála in relation to any environmental impacts of the proposed development or development in being, as the case may be, comprising or for the purposes of the activity to which the application for a licence relates.
(1F) Where—
(a) a planning authority concerned or An Bord Pleanála gives notice to the Agency of an application for permission comprising or for the purposes of an activity requiring a waste licence under section 40 or a review, on the application of the holder of the licence, of a waste licence under section 46, and
(b) the application for permission is accompanied by an environmental impact statement or in relation to which an environmental impact statement was sought by the planning authority or An Bord Pleanála,
the Agency shall—
(i) satisfy itself that the development or proposed development the subject of the application for permission is development comprising or for the purposes of an activity requiring a licence under section 40 or a review, on the application of the holder of the licence, of a waste licence under section 46,
(ii) forward to the planning authority or An Bord Pleanála, as the case may be, such observations as it has on the application for permission, including the environmental impact statement, and
(iii) enter into such consultations with the planning authority or An Bord Pleanála in relation to the environmental impacts of the proposed development as the Agency, or the planning authority or An Bord Pleanála, as the case may be, considers necessary to enable completion of the assessment.
(1G)(a) The environmental impact assessment required to be carried out by the Agency under section 40(2A), where an application for a waste licence is in respect of an activity that involves development or proposed development that is the subject of an environmental impact assessment by the planning authority concerned or An Bord Pleanála under the Planning and Development Act 2000 , may be carried out by the Agency in part or in whole by way of consultation with, or the submission of observations to, that planning authority or An Bord Pleanála.
(b) Where an application for permission relates to development or proposed development comprising or for the purposes of an activity in respect of which a waste licence under this Part is required—
(i) in relation to which a grant of permission is required, which development is of a class prescribed by regulations made under section 176 of the Planning and Development Act 2000 but does not exceed a quantity, area or limit prescribed under those regulations, and
(ii) in respect of which, the planning authority concerned or An Bord Pleanála is obliged under the Planning and Development Act 2000 to make a determination whether an environmental impact assessment is required,
the Agency shall, when requested by the planning authority concerned or An Bord Pleanála, consult with or provide observations to the planning authority or An Bord Pleanála to assist the planning authority or An Bord Pleanála in its deliberations in relation to the determination referred to in paragraph (ii) and shall accept the determination of the planning authority or An Bord Pleanála so made.
(1H)(a) Where the Agency receives an application for a licence in respect of an activity that involves development or proposed development for which a grant of permission is not required and the Agency, under section 40(2A), decides that an environmental impact assessment is required in relation to the activity concerned, the Agency shall request the applicant to submit an environmental impact statement and where the applicant fails to submit such statement within the period specified in the request, or any additional period as may be specified by the Agency, the application for a licence shall be deemed to be withdrawn.
(b) Where an environmental impact statement is submitted to the Agency in accordance with a request under paragraph (a), the application for a licence shall be deemed to be made on the date of receipt by the Agency of the environmental impact statement.
(c) Where an environmental impact statement is submitted to the Agency in accordance with a request under paragraph (a), the Agency shall do the following—
(i) within 2 weeks of the date of receipt of such statement notify the planning authority in whose functional area the activity is or will be situate that it has received an application to which this subsection applies and request the planning authority concerned to respond to the Agency within 4 weeks of the date of the notice and furnish any observations that the planning authority has in relation to the application including the environmental impact statement,
(ii) consider any observations furnished to the Agency following a request under subparagraph (i) by the planning authority before giving notice under section 42(2) of the decision it proposes to make in relation to the application for a licence, and
(iii) enter into consultations, as the Agency considers appropriate, with the planning authority in relation to any environmental impacts of the proposed activity to which the application for a licence relates.
(d) For the purposes of this subsection, section 5, insofar as it refers to the definition of “environmental impact statement”, shall be read as if “activity” were substituted for “development” and with any other necessary modifications.”,
(b) in subsection (2):
(i) by inserting “including an application for a licence, within the meaning of subsection (1A), to which section 40(2A) applies” after “under that section”, and
(ii) by inserting the following paragraph after paragraph (a):
“(aa) where a planning authority concerned or An Bord Pleanála is considering or has considered an application for permission for development comprising or for the purposes of the activity in relation to which the application for a waste licence to which section 40(2A) applies is required, the planning authority or An Bord Pleanála,”,
(c) in subsection (11)(a) by inserting the following subparagraph after subparagraph (ii):
“(aa) where a planning authority concerned or An Bord Pleanála is considering or has considered an application for permission for development comprising or for the purposes of the activity in relation to which the application for a waste licence to which section 40(2A) applies is required, the planning authority or An Bord Pleanála,”,
(d) by inserting the following subsection after subsection (11):
“(11A) When—
(a) in relation to an application for a waste licence under section 40, a decision to grant or refuse a waste licence has been taken, or
(b) a decision is made in consequence of a review on an application of the holder of the licence, of a waste licence under section 46,
the Agency, in accordance with regulations under section 45, shall inform the persons referred to in or prescribed under subsection (2), including the public, of its decision and shall make available the following information:
(i) the content of the decision and any conditions attached thereto;
(ii) an evaluation, subject to section 40(2A), of the projects direct and indirect effects of the activity or proposed activity on the factors referred to in paragraphs (i) to (iii) of the definition of environmental impact assessment in section 40(2A)(a) and the interaction between those factors;
(iii) having examined any submission or observation made to the Agency—
(I) the main reasons and considerations on which the decision is based, and
(II) the main reasons and considerations for the attachment of any conditions,
including reasons and considerations arising from or related to submissions or observations made by a member of the public;
(iv) a description, where necessary, of the main measures to be taken to avoid, reduce and, if possible, offset the major adverse effects of the activity or proposed activity;
(v) any reports referred to in section 40(2A)(g);
(vi) information on the procedures available to the persons referred to in or prescribed under subsection (2), including the public, to review the substantive and procedural legality of the decision.”.
(2) Nothing in regulations made under section 41 or 45 of the Act of 1996 in force on the coming into operation of these Regulations shall be construed as—
(a) restricting the Agency from performing its functions, or
(b) affecting any requirement or obligation imposed on the Agency or any person referred to in or prescribed under section 42(2),
pursuant to the amendments to section 42 of that Act effected by paragraph (1).
8. (1) Section 45 of the Act of 1996 is amended in subsection (2) by inserting the following paragraphs after paragraph (e):
“(ea) requiring applicants, licensees or other persons to furnish to the Agency or any other specified person, within such period as may be specified, any additional or supplemental information to enable the Agency to carry out an environmental impact assessment,
(eb) requiring applicants, licensees or other persons to furnish information to the Agency in response to a request for additional or further information under and for the purposes of section 40(2A)(e),”.
(2) Nothing in regulations made under section 41 or 45 of the Act of 1996 in force on the coming into operation of these Regulations shall be construed as—
(a) restricting the Agency from performing its functions, or
(b) affecting any requirement or obligation imposed on the Agency or any person referred to in or prescribed under section 42(2),
pursuant to the amendments to section 45 of that Act effected by paragraph (1).
9. Section 54 (inserted by section 45 of the Act of 2003) of the Act of 1996 is amended by deleting subsections (3B) and (3C).
10. The Act of 2000 is amended by inserting the following section after section 173A:
“Environmental impact assessment and waste licences.
173B.(1) In this section—
“Act of 1996” means the Waste Management Act 1996 ;
“activity” shall be construed in accordance with section 4 of the Act of 1996;
“application for a licence” means, in relation to a waste licence under Part V of the Act of 1996, an application made to the Environmental Protection Agency—
(a) for such a licence under section 40 of the Act of 1996, or
(b) by the holder of the licence, for a review of a waste licence under section 46 of the Act of 1996;
“application for permission” means—
(a) an application for permission for development under Part III,
(b) an application for approval for development under section 175, 177AE, 181A, 182A, 182C or 226, or
(c) an application for substitute consent under section 177E;
“grant of permission” means—
(a) a grant of permission for development under Part III,
(b) an approval for development under section 175, 177AE, 181B, 182B, 182D or 226, or
(c) a grant of substitute consent under section 177K.
(2) Where a planning authority or the Board is considering an application for permission and is requested by the applicant for a grant of permission to confirm in writing that the development the subject of the application for permission relates to an activity in respect of which a waste licence under Part V of the Act of 1996 is required, the planning authority or the Board shall, as soon as possible, confirm in writing that the development the subject of the application for permission so relates to the activity.
(3) Where a request is made by an applicant under subsection (2) and the application for permission concerned was not accompanied by an environmental impact statement and the planning authority or the Board did not require the submission of an environmental impact statement, the planning authority or the Board shall on a request in that behalf made to it by the applicant, also provide written confirmation to the applicant that an environmental impact assessment in respect of the development concerned is not required by or under this Act.
(4) Where a grant of permission has been issued for a development comprising or for the purposes of an activity in respect of which a waste licence under Part V of the Act of 1996 is required and the relevant planning authority or the Board is requested by the Environmental Protection Agency, in connection with an application for a licence, to—
(a) state whether the activity to which the application for a licence relates is permitted by the grant of permission that has been issued, and
(b) furnish a copy of all documents relating to the environmental impact assessment carried out in respect of the proposed development, and
(c) furnish any observations it has in relation to the application for a licence,
the planning authority or the Board shall comply with the request within the period specified in the request by the Environmental Protection Agency.
(5) Where a planning authority or the Board is considering an application for permission in respect of development—
(a) of a class prescribed by regulations under section 176 that does not exceed a quantity, area or limit prescribed under those regulations,
(b) in respect of which the planning authority or the Board is obliged under this Act to make a determination whether an environmental impact assessment is required, and
(c) in respect of which application for permission the planning authority or the Board consider a waste licence under Part V of the Act of 1996 is required,
the planning authority or the Board shall request observations from the Agency to assist the planning authority or the Board in its deliberations in relation to the determination referred to in paragraph (b) and shall take into account any such observations when making that determination.
(6) Where a person makes an application for permission in respect of development under this Act and has made, intends to make or is considering making an application for a waste licence under Part V of the Act of 1996 in respect of an activity relating to that development, the person shall so notify the planning authority or the Board when making the application for permission.”.
11. These Regulations apply to an application for a waste licence under section 40 of the Act of 1996 or an application by the holder of the licence for a review of a waste licence under section 46 of the Act of 1996 made to the Environmental Protection Agency on or after the day of the coming into operation of these Regulations.
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GIVEN under the Official Seal of the Minister for the Environment, Community and Local Government,
26 July 2012.
PHIL HOGAN,
Minister for the Environment Community and Local Government.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
The purpose of these Regulations is to give further effect in Irish law to Article 3 and Articles 2 to 4 of Directive No. 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment insofar as it applies to certain licensable activities that require both a land-use consent and a waste licence.
These Regulations amend the Waste Management Act 1996 (No. 10 of 1996) and the Planning and Development Act 2000 (No. 30 of 2000) so as to ensure that an environmental impact assessment is carried out, where required under Directive No. 2011/92/EU, in relation to relevant decisions of the Environmental Protection Agency to grant a waste licence.
1 OJ No. L 26, 28.1.2012 p.1
S.I. No. 457/2012 –
European Union (Environmental Impact Assessment) (Integrated Pollution Prevention and Control) (No. 2) Regulations 2012.
I, PHIL HOGAN, Minister for the Environment, Community and Local Government, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving further effect to Directive No. 2011/92/EU of the European Parliament and of the Council of 13 December 20111 on the assessment of the effects of certain public and private projects on the environment hereby make the following regulations:
1. (1) These Regulations may be cited as the European Union (Environmental Impact Assessment) (Integrated Pollution Prevention and Control) (No. 2) Regulations 2012.
2. In these Regulations—
“Act of 1992” means the Environmental Protection Agency Act 1992 (No. 7 of 1992);
“Act of 2000” means the Planning and Development Act 2000 (No. 30 of 2000);
“Regulations of 2012” means the European Union (Environmental Impact Assessment) (Integrated Pollution Prevention and Control) Regulations 2012 ( S.I. No. 282 of 2012 ).
3. Section 83 (amended by Regulation 4(1) of the Regulations of 2012) of the Act of 1992 is amended in subsection (2A)—
(a) in paragraph (b), by substituting “(1I)” for “(1H)”,
(b) in paragraph (c), by substituting “(1I)” for “(1H)”, and
(c) in paragraph (d), by substituting “(1I)” for “(1H)”.
4. Section 87(1A) (inserted by Regulation 5(1)(a) of the Regulations of 2012) of the Act of 1992 is amended in paragraph (a), by substituting “(1I)” for “(1H)”.
5. (1) Section 87 (amended by Regulation 5(1) of the Regulations of 2012) of the Act of 1992, is amended—
(a) by inserting the following subsection after subsection (1H):
“(1I)(a) This subsection applies—
(i) notwithstanding subsections (1B) to (1H),
(ii) to an application for a licence made to the Agency before 30 September 2012.
(b) Where the Agency is considering an application for a licence to which this subsection applies and the Agency under section 83(2A) decides that an environmental impact assessment is required in relation to the activity concerned, the Agency shall, if an environmental impact statement was not submitted with the application for a licence, request the applicant to submit an environmental impact statement and where the applicant fails to submit such statement within the period specified in the request, or any additional period as may be specified by the Agency, the application for a licence shall be deemed to be withdrawn.
(c) Where an environmental impact statement is submitted to the Agency with the application for a licence or in accordance with a request under paragraph (b)—
(i) the Agency shall consider the content of the environmental impact statement and any other material including maps or plans submitted as part of the application for a licence and determine whether that content adequately identifies, describes, and assesses the direct and indirect effects of the proposed activity on the environment, and
(ii) if the Agency determines that the environmental impact statement and other material does not so adequately identify, describe or assess, the Agency shall give notice in writing to the applicant for the licence requesting further information, which notice shall—
(I) identify the manner in which the content of the environmental impact statement and other material is inadequate, and
(II) require the applicant for the licence to furnish, within the period specified in the notice, to the Agency additional information required to correct the inadequacy so identified.
(d) Where the applicant concerned fails to comply with a requirement under paragraph (c), the Agency may, as it considers it appropriate having regard to the extent of the failure, inform the applicant, by notice in writing of such failure and that the application for a licence cannot be considered by the Agency.
(e) Where an environmental impact statement is submitted to the Agency in accordance with a request under paragraph (b), the application for a licence shall be deemed to be made on the date of receipt by the Agency of the environmental impact statement and this subsection shall continue to apply to the application for a licence notwithstanding that the date of receipt shall be on or after 30 September 2012.
(f) Where an environmental impact statement is submitted to the Agency in accordance with a request under paragraph (b), the Agency shall do the following—
(i) within 2 weeks of the date of receipt of such statement notify the planning authority in whose functional area the activity is or will be situate that it has received an application to which this subsection applies and request the planning authority concerned to respond to the Agency within 4 weeks of the receipt of the notice and furnish any observations that the planning authority has in relation to the application for a licence including the environmental impact statement,
(ii) consider any observations furnished to the Agency following a request under subparagraph (i) by the planning authority before making its decision under section 83(1) or section 90(2) in relation to the application for a licence, and
(iii) enter into consultations, as the Agency considers appropriate, with the planning authority or any person or body that it considers appropriate in relation to any environmental impacts of the proposed activity to which the application for a licence relates.
(g) Where an environmental impact statement was submitted with the application for a licence, the Agency shall do the following—
(i) notify the planning authority in whose functional area the activity is or will be situate that it has received an application to which this subsection applies and request the planning authority to respond to the Agency within 4 weeks of receipt of the notice and furnish any observations that the planning authority has in relation to the application for a licence including the environmental impact statement,
(ii) consider any observations furnished to the Agency following a request under subparagraph (i) by the planning authority before making its decision under section 83(1) or section 90(2) in relation to the application for a licence, and
(iii) enter into consultations, as the Agency considers appropriate, with the planning authority or any person or body that it considers appropriate in relation to any environmental impacts of the proposed activity to which the application for a licence relates.”,
(b) in subsection (3A)—
(a) by substituting “(1B) or (1I) applies” for “(1B) applies”, and
(b) by substituting “(1F), (1H) or (1I)” for “(1F) or (1H)”, and
(c) by inserting the following subsection after subsection (3A):
“(3B)(a) Notwithstanding subsection (3), in relation to an application for a licence within the meaning of subsection (1A), to which subsection (1I) applies, the Agency may extend the period of 8 weeks referred to in subsection (3) by such period as the Agency considers necessary to enable the Agency to comply with subsection (1I).
(b) The Agency shall give notice in writing of the extension of the period under paragraph (a) to a person referred to in paragraph (a), (aa), (b), (c) or (d) of subsection (2).”.
(2) Nothing in regulations made under section 85 or 89 of the Act of 1992 in force on the coming into operation of these Regulations shall be construed as—
(a) restricting the Agency from performing its functions, or
(b) affecting any requirement or obligation imposed on the Agency or any person referred to in or prescribed under section 87(2) of the Act of 1992,
pursuant to the amendments to section 87 of the Act of 1992 effected by paragraph (1).
6. Section 173A (inserted by Regulation 8 of the Regulations of 2012) of the Act of 2000 is amended by inserting the following subsection after subsection (6):
“(7) Where a planning authority receives a notification from the Environmental Protection Agency that it has received an application for a licence to which section 87(1I) of the Act of 1992 applies, the planning authority shall—
(a) within 4 weeks of the date of receipt of the notification from the Environmental Protection Agency, respond to the Agency, forwarding any observations that it has in relation to the application for a licence including any observations on the environmental impact statement, and
(b) enter into consultations with the Environmental Protection Agency, as the Agency considers appropriate, in relation to any environmental impacts of the proposed activity to which the application for a licence relates.”.
7. (1) These Regulations apply to an application for a licence or an application by the licensee for the review of a licence or a revised licence under Part IV of the Act of 1992, made to the Environmental Protection Agency before 30 September 2012.
(2) Notwithstanding Regulation 9 of the Regulations of 2012, the amendments to the Act of 1992 effected by the following regulations of the Regulations of 2012 apply to an application to which these Regulations apply:
(a) Regulation 3;
(b) Regulation 4(1) and (2), insofar as they relate to—
(i) paragraph (a), (b), (c), (d), (e) or (g) of subsection (2A),
(ii) paragraph (e)(i) of subsection (3), and
(iii) paragraph (aa) of subsection (4),
of section 83 of the Act of 1992,
(c) Regulation 5(1) and (2), insofar as they relate to—
(i) the definition of “application for a licence” inserted in subsection (1A),
(ii) subsection (2) and (2)(aa),
(iii) subsection (8)(a)(iia), and
(iv) subsection (9A),
of section 87 of the Act of 1992,
(d) Regulation 6(1) and (2), insofar as they relate to subsection (2) of section 89 of the Act of 1992.
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GIVEN under the Official Seal of the Minister for the Environment, Community and Local Government.
15 November 2012.
PHIL HOGAN,
Minister for the Environment, Community and Local Government.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations amend the Environmental Protection Agency Act 1992 (No. 7 of 1992) and the Planning and Development Act 2000 (No. 30 of 2000) so as to ensure that an environmental impact assessment is carried out, where required under Directive No. 2011/92/EC, in relation to relevant decisions of the Environmental Protection Agency to grant an integrated pollution prevention and control licence. These Regulations apply to integrated pollution prevention and control licence applications made to the Agency before 30 September 2012.
1 O.J. No. L26, 28.1.2012 p.1
S.I. No. 470/2012 –
European Union (Environmental Impact Assessment) (Flood Risk) Regulations 2012.
I, BRENDAN HOWLIN, Minister for Public Expenditure and Reform, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Council Directive No. 2011/92/EU of 13 December 20111 on the assessment of the effects of certain public and private projects on the environment hereby make the following regulations:
Citation.
1. These Regulations may be cited as the European Union (Environmental Impact Assessment) (Flood Risk) Regulations 2012.
Interpretation.
2. In these Regulations “Principal Regulations” means the European Communities (Assessment and Management of Flood Risks) Regulations 2010 ( S.I. No. 122 of 2010 ).
Amendment of the Principal Regulations.
3. Regulation 2(4) of the Principal Regulations is amended:
(a) by inserting the following definition after the definition of “the Directive”:
“EIA Directive” means Council Directive No. 2011/92/EU on the assessment of the effects of certain public and private projects on the environment,
(b) by inserting the following definition after the definition of “embankment”:
“environmental impact assessment” means an assessment, to include an examination, analysis and evaluation, carried out by the Minister in accordance with these Regulations that shall identify, describe and assess in an appropriate manner, in light of each individual case and in accordance with Articles 4 to 11 of the EIA Directive, the direct and indirect effects of a proposed flood risk management scheme on the following:
(a) human beings, flora and fauna,
(b) soil, water, air, climate and the landscape,
(c) material assets and the cultural heritage, and
(d) the interaction between the factors mentioned in paragraphs (a), (b) and (c),
4. The following Regulation is inserted after Regulation 2 of the Principal Regulations:
“2A. Subject to these Regulations, a word or expression that is used in these Regulations and that is also used in the EIA Directive has, unless the context otherwise requires, the same meaning in these Regulations as it has in the EIA Directive.”
5. Regulation 25 of the Principal Regulations is amended by inserting the following paragraph after paragraph (3):
“(3A)(a) The Minister shall, as part of his consideration of a proposed flood risk management scheme, in accordance with subparagraph (b) of this paragraph, ensure that before approval is given a scheme likely to have significant effects on the environment by virtue, inter alia of its nature, size or location is made subject to an environmental impact assessment.
(b) An environmental impact assessment shall be carried out by the Minister in respect of an application for approval for a flood risk management scheme which would involve the execution of flood risk management works of a class or classes specified in paragraphs (4), (5) and (6) of this Regulation.
(c) In carrying out his consideration and his environmental impact assessment, the Minister is obliged to have regard to the following matters:
(i) the particulars submitted with the application for approval of a proposed flood risk management scheme including the environmental impact statement and any other material including maps and plans,
(ii) any additional material submitted in response to a request for further information, if any, pursuant to Regulation 29(4)(a),
(iii) any submissions or observations validly made in relation to the effects on the environment of the proposed flood risk management scheme including those made by other consent authorities, prescribed bodies or members of the public.
(d) In the event that the Minister makes an order approving a flood risk management scheme, then the Minister may attach such conditions to the approval as he considers necessary, to avoid, reduce and, if possible, offset the major adverse effects (if any) of the proposed development.
(e) In carrying out his consideration and his environmental impact assessment, the Minister may have regard to, and adopt in whole or in part, any reports prepared by his officials or by consultants, experts or other advisors.
(f) When a decision is made to make an order approving a flood risk management scheme or refuse to approve such a scheme, the Minister shall inform the Commissioners and the public thereof and shall make the following information available to the Commissioners and the public, in addition to that specified in Regulation 29(3)(b) of these Regulations:
(i) the content of the decision and any conditions attached thereto,
(ii) the Minister’s evaluation of the project’s direct and indirect effects on the factors set out in paragraphs (a) to (c) of the definition of environmental impact assessment and the interaction between those factors,
(iii) the reports referred to in subparagraph (e) of this paragraph, and
(iv) information for the public on the procedures available to review the substantive and procedural legality of the decision.”
6. Regulation 29(4) of the Principal Regulations is amended by the substitution for subparagraph (a) of the following subparagraph:
“(a) The Minister shall consider the content of the environmental impact statement (and any other material including maps or plans) submitted as part of a proposed flood risk management scheme and determine whether same adequately identifies, describes and assesses the direct and indirect effects of the proposed flood risk management scheme. If the environmental impact statement (and other material) is inadequate, then the Minister shall serve a notice (hereinafter ‘a request for further information’) which sets out the manner in which the information is inadequate and requires the Commissioners to submit further information to remedy these inadequacies.”
7. In the Principal Regulations the term “assessment” shall be substituted by the term “statement” in Regulation 27(1)(b) on the second occasion it appears, in Regulation 27(4)(b) on the third occasion it appears and in Regulation 29(3)(a)(ii) where it appears.
8. The term “environmental impact assessment” shall be substituted by the term “environmental impact statement” wherever it appears in Regulations 25 to 37, inclusive, of the Principal Regulations save for where it appears in the title of a Regulation or in Regulation 37(1)(h) on the first two occasions the term appears.
9. In Regulation 37(1)(h) of the Principal Regulations the term “3A,” shall be inserted before the numbers “4, 5, 6, 7”.
10. In the Fourth Schedule paragraph 4 of Section I of the Principal Regulations the title “Council Directive 85/337/EEC of 27 June 1985” shall be substituted with the title “Council Directive 2011/92/EU”.
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Given under my Official Seal,
25 October 2012.
BRENDAN HOWLIN,
Minister for Public Expenditure and Reform.
1 O.J. L26, 28.1.2012 p.1.
S.I. No. 505/2013 –
European Union (Environmental Impact Assessment) (Waste) Regulations 2013.
I, PHIL HOGAN, Minister for the Environment, Community and Local Government, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving further effect to Directive No. 2011/92/EU of the European Parliament and of the Council of 13 December 20111 on the assessment of the effects of certain public and private projects on the environment hereby make the following regulations:
1. These Regulations may be cited as the European Union (Environmental Impact Assessment) (Waste) Regulations 2013.
2. In these Regulations—
“Act of 1996” means the Waste Management Act 1996 (No. 10 of 1996);
“Act of 2000” means the Planning and Development Act 2000 (No. 30 of 2000);
“Regulations of 2012” means the European Union (Environmental Impact Assessment) (Waste) Regulations 2012 ( S.I. No. 283 of 2012 ).
3. Section 40 of the Act of 1996 is amended in subsection (2A) (inserted by Regulation 5(1)(b) of the Regulations of 2012)—
(a) in paragraph (b), by substituting “(1I)” for “(1H)”,
(b) in paragraph (c), by substituting “(1I)” for “(1H)”, and
(c) in paragraph (d), by substituting “(1I)” for “(1H)”.
4. (1) Section 42 of the Act of 1996 is amended—
(a) in subsection (1A) (inserted by Regulation 7(1)(a) of the Regulations of 2012), by substituting “(1I)” for “(1H)”, and
(b) by inserting the following subsection after subsection (1H) (inserted by Regulation 7(1)(a) of the Regulations of 2012):
“(1I)(a) This subsection applies—
(i) notwithstanding subsections (1B) to (1H),
(ii) to an application for a licence made to the Agency before 30 September 2012,
(iii) where the Agency has not made a decision under section 40(1) or section 46(2), including an application for a licence, within the meaning of subsection (1A), to which section 40(2A) applies.
(b) Where the Agency is considering an application for a licence to which this subsection applies and the Agency under section 40(2A)(c)(ii) determines that an environmental impact assessment is required in relation to the activity concerned, the Agency shall, if an environmental impact statement was not submitted with the application for a licence, request the applicant to submit an environmental impact statement and where the applicant fails to submit such statement within the period specified in the request, or any additional period as may be specified by the Agency, the application for a licence shall be deemed to be withdrawn.
(c) Where an environmental impact statement is submitted to the Agency in accordance with a request under paragraph (b)—
(i) the Agency shall consider the content of the environmental impact statement and any other material including maps or plans submitted as part of the application for a licence and determine whether that content adequately identifies, describes and assesses the direct and indirect effects of the proposed development on the environment, and
(ii) if the Agency determines that the environmental impact statement and other material does not so adequately identify, describe or assess, the Agency shall give notice in writing to the applicant for the licence requesting further information, which notice shall—
(I) identify the manner in which the content of the environmental impact statement and other material is inadequate, and
(II) require the applicant for the licence to furnish, within the period specified in the notice, to the Agency, additional information required to correct the inadequacy so identified.
(d) Where the applicant concerned fails to comply with a requirement under paragraph (c), the Agency may, as it considers it appropriate having regard to the extent of the failure, inform the applicant, by notice in writing, of such failure and that the application for a licence cannot be considered by the Agency.
(e) Where an environmental impact statement is submitted to the Agency in accordance with a request under paragraph (b) and having complied with the requirements under paragraph (c), the Agency shall do the following—
(i) within 2 weeks of the date of receipt of such statement notify the planning authority in whose functional area the activity is or will be situate that it has received an application to which this subsection applies and request the planning authority concerned to respond to the Agency within 4 weeks of the receipt of the notice and furnish any observations that the planning authority has in relation to the application for a licence including the environmental impact statement,
(ii) consider any observations furnished to the Agency following a request under subparagraph (i) by the planning authority before making its decision under section 40(1) or section 46(2) in relation to the application for a licence, and
(iii) enter into consultations, as the Agency considers appropriate, with the planning authority or any person or body that it considers appropriate in relation to any environmental impacts of the proposed activity to which the application for a licence relates.”.
(2) Nothing in regulations made under section 41 or 45 of the Act of 1996 in force on the coming into operation of these Regulations shall be construed as—
(a) restricting the Agency from performing its functions, or
(b) affecting any requirement or obligation imposed on the Agency or any person referred to in or prescribed under section 42(2) of the Act of 1996,
pursuant to the amendments to section 42 of the Act of 1996 effected by paragraph (1).
6. Section 173B (inserted by Regulation 10 of the Regulations of 2012) of the Act of 2000 is amended by inserting the following subsection after subsection (6):
“(7) Where a planning authority receives a notification from the Environmental Protection Agency that it has received an application for a licence to which section 42(1I) of the Act of 1996 applies, the planning authority shall—
(a) within 4 weeks of the date of receipt of the notification from the Environmental Protection Agency, respond to the Agency, forwarding any observations that it has in relation to the application for a licence including any observations on the environmental impact statement, and
(b) enter into consultations with the Environmental Protection Agency, as the Agency considers appropriate, in relation to any environmental impacts of the proposed activity to which the application for a licence relates.”.
7. (1) These Regulations apply—
(a) to an application for a licence or an application by the licensee for the review of a licence or a revised licence under Part V of the Act of 1996, made to the Environmental Protection Agency before 30 September 2012,
(b) where the Environmental Protection Agency has not made a decision under section 40(1) or section 46(2) of the Act of 1996, including an application for a licence, within the meaning of section 42(1A) of that Act, to which section 40(2A) of that Act applies.
(2) Notwithstanding Regulation 11 of the Regulations of 2012, the amendments to the Act of 1996 effected by the following regulations of the Regulations of 2012 apply to an application to which these Regulations apply:
(a) Regulation 4;
(b) Regulation 5(1)(b) and (2), insofar as they relate to paragraph (a), (b), (c), (d), (e) or (g) of subsection (2A) of section 40 of the Act of 1996,
(c) Regulation 7(1) and (2), insofar as they relate to—
(i) the definition of “application for a licence” inserted in subsection (1A),
(ii) subsection (2) and (2)(aa),
(iii) subsection (11)(a)(aa), and
(iv) subsection (11A),
of section 42 of the Act of 1996,
(d) Regulation 8(1) and (2), insofar as they relate to subsection (2) of section 45 of the Act of 1996.
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GIVEN under my Official Seal,
26 November 2013.
PHIL HOGAN T.D.,
Minister for the Environment, Community and Local Government.
1 O.J. No. L26, 28.1.2012 p.1
S.I. No. 652/2016 –
Waste Water Discharge (Authorisation) (Environmental Impact Assessment) Regulations 2016.
I, SIMON COVENEY, Minister for Housing, Planning, Community and Local Government, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving further effect to Directive 2011/92/EU of the European Parliament and of the Council of 13 December 20111 on the assessment of the effects of certain public and private projects on the environment hereby make the following Regulations:
Citation
1. These Regulations may be cited as the Waste Water Discharge (Authorisation) (Environmental Impact Assessment) Regulations 2016.
Interpretation
2. In these Regulations—
“Agency” means the Environmental Protection Agency;
“application for a licence” means an application made to the Agency for a waste water discharge licence under the principal Regulations and “review of a licence” shall be construed accordingly;
“environmental impact assessment” means an assessment, to include an examination, analysis and evaluation, carried out by the Agency in accordance with these Regulations that shall identify, describe and assess in an appropriate manner, in light of each individual case and in accordance with Articles 4 to 11 of Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment, the direct and indirect effects of a proposed activity on the following:
(i) human beings, flora and fauna;
(ii) soil, water, air, climate and the landscape;
(iii) material assets and the cultural heritage;
(iv) the interaction between the factors referred to in paragraphs (i), (ii) and (iii);
“principal Regulations” means the Waste Water Discharge (Authorisation) Regulations 2007 ( S.I. No. 684 of 2007 ).
Screening for Environmental Impact Assessment
3. (1) Where an application is made for a licence or for a review of a licence where no development is required, or where the Agency instigates a review of a licence under Regulation 14 of the principal Regulations, the Agency, as part of its consideration of the application or of the review, shall carry out a screening for an environmental impact assessment before a decision on the application is made.
(2) The Agency shall have due regard to the information provided by the applicant in carrying out screening under this Regulation and may require the applicant, within such period as may be specified by the Agency, to take such steps or furnish such submissions, plans, documents or other information and particulars as the Agency considers necessary.
(3) The Agency shall determine that an environmental impact assessment is required if it cannot be excluded, following screening under this Regulation, that the proposed activity will have a significant effect on the environment by virtue, inter alia, of its nature, size or location.
(4) The Agency shall determine that an environmental impact assessment is not required where it can be excluded, following screening under this Regulation, that the proposed activity will have a significant effect on the environment.
(5) The screening exercise undertaken under this Regulation, including the reasons for the Agency’s determination, shall be published by the Agency on its website as soon as practicable after the determination is made.
Environmental Impact Assessment
4. (1) Where the Agency, as a result of a screening exercise undertaken under Regulation 3, concludes that the activity for which application for a licence or for review of a licence is being made is likely to have a significant effect on the environment, the Agency shall, prior to making a decision on the application, undertake an environmental impact assessment as described in Regulation 2 with respect to the matters that come within the functions of the Agency and may accordingly request the applicant to submit an environmental impact statement within such period as may be specified by the Agency.
(2) The Agency shall consider whether an environmental impact statement submitted by the applicant, whether under paragraph (1) or under Regulation 17 of the principal Regulations, identifies and describes adequately the direct and indirect effects on the environment of the proposed activity and where it considers that the environmental impact statement does not identify or adequately describe such effects, the Agency shall require the applicant to furnish, within a specified period, such further information as the Agency considers necessary to remedy such defect.
(3) In addition to any requirement arising under paragraph (1), the Agency shall require the applicant, within such period as may be specified by the Agency, to take such steps or furnish such submissions, plans, documents or other information and particulars as the Agency considers necessary to enable it to carry out an environmental impact assessment under this Regulation.
(4) Where information required by the Agency under paragraphs (1) to (3) is not furnished by the applicant within the period specified, or any further period as may be specified by the Agency, the Agency may notify the applicant that the application cannot be considered by the Agency.
(5) In carrying out an environmental impact assessment under this Regulation, the Agency shall consider the environmental impact statement, any further information furnished to the Agency under paragraphs (2) or (3) and any submissions or observations made in relation to the application.
(6) When making a decision on an application for a licence or for a review of a licence, the Agency shall have regard to the findings of any environmental impact assessment carried out under these Regulations.
Amendments to the Principal Regulations
5. (1) The principal Regulations are amended in Regulation 41 by:
(a) substituting “Subject to Regulation 42(2) and notwithstanding Part 3 and sections 175, 177AE and 226 of the Act of 2000,” for “Subject to Regulation 42(2), and notwithstanding sections 34, 37, 37E, 175 and 226 of the Act of 2000,” in paragraph (1);
(b) substituting “a planning authority, or An Bord Pleanála, where it decides to grant a permission under Part 3 of the said Act,” for “a planning authority, or An Bord Pleanála, where it decides to grant a permission under section 34, 37 or 37E on appeal or otherwise, as the case may be, of the said Act,” in paragraph (1)(a);
(c) substituting “an approval under section 175, 177AE or 226 of the said Act,” for “an approval under section 175 or 226 of the said Act,” in paragraph (1)(b).
(2) The principal Regulations are amended in Regulation 43 by substituting “Where a planning authority or An Bord Pleanála is considering an application for permission as defined in section 173C of the Act of 2000” for “Where a planning authority or An Bord Pleanála is considering an application for permission, an appeal or an application for approval under section 34, 37, 37E, 175 or 226 of the Act of 2000 (as amended)” in paragraph (1).
(3) The principal Regulations are amended in Regulation 44 by substituting the word “shall” for the word “may” in the third line of paragraph (1).
Performance of Functions
6. Nothing in these Regulations shall be construed as restricting the Agency from performing its functions or affecting any requirement or obligation imposed on the Agency by the principal Regulations.
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GIVEN under my official Seal,
21 December 2016.
SIMON COVENEY,
Minister for Housing Planning Community and Local Government.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation).
The purpose of these Regulations is to give further effect in Irish law to Articles 2 to 4 of Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment.
The Regulations provide that where an application is made to the Environmental Protection Agency for a waste water discharge licence or for the review of a waste water discharge licence in a case where there is no requirement for physical development, that the Agency must carry out screening for environmental impact assessment before granting any licence and may carry out an environmental impact assessment if it deems it appropriate.
An amendment is also made to the Waste Water Discharge (Authorisation) Regulations 2007 (No. 684 of 2007) placing an onus on a planning authority and An Bord Pleanála to consult the Agency where the authority or the Board considers that a proposed development is likely to have a significant impact on waste water discharges.
Further amendments to the 2007 Regulations update the cross-referencing to the Planning and Development Act 2000 (No. 30 of 2000), reflecting amendments to that Act.
1 OJ No. L26, 28.1.2012 p.1
S.I. No. 4/2019 –
European Union (Environmental Impact Assessment) (Peat Extraction) Regulations 2019
I, Richard Bruton, Minister for Communications, Climate Action and Environment, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving further effect to Directive No. 2011/92/EU of the European Parliament and of the Council of 13 December 20111 as amended by Directive 2014/52/EU of the European Parliament and of the Council of 16 April 20142 , hereby make the following regulations:
Citation and commencement
1. (1) These Regulations may be cited as the European Union (Environmental Impact Assessment) (Peat Extraction) Regulations 2019.
(2) These Regulations shall come into operation on 25 January 2019.
Interpretation
2. In these Regulations “Act of 1992” means the Environmental Protection Agency Act 1992 (No. 7 of 1992).
Amendment of section 3 of Act of 1992
3. Section 3 of the Act of 1992 is amended, in subsection (1), by the insertion of the following definition:
“ ‘peat extraction’ means the extraction of peat that involves an area of 30 hectares or more;”.
Provision supplemental to section 82 of Act of 1992.
4. The Act of 1992 is amended by the insertion of the following section:
“82B. (1) In this section —
‘operative date’ means the date on which the European Union (Environmental Impact Assessment) (Peat Extraction) Regulations 2019 come into operation;
‘Regulations of 2013’ means the Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 ( S.I. No. 283 of 2013 );
‘relevant activity’ means the extraction of peat in the course of business that involves an area exceeding 50 hectares.
(2) Subject to subsection (7), a person shall not carry on peat extraction other than in accordance with a licence or revised licence under this Part.
(3) A person who, immediately before the operative date, was carrying on a relevant activity in accordance with a licence or revised licence under this Part shall, if he or she proposes to carry on peat extraction after that date in all or part of the area in which he or she so carried on that activity, apply, not later than 36 months after that date, for a licence in respect of peat extraction.
(4) A person who, immediately before the operative date, was carrying on peat extraction (other than a relevant activity carried on in accordance with a licence or revised licence under this Part) shall, if he or she proposes to continue to carry on peat extraction on or after that date, apply, not later than 18 months after that date, for a licence in respect of such peat extraction.
(5) (a) Where a decision in relation to an application for a licence in respect of a relevant activity remains outstanding immediately before the operative date, the application shall be treated as an application made under subsection (4), whether or not the applicant was carrying on that activity immediately before that date, and accordingly, paragraph (b) of subsection (7) shall apply to the applicant as it applies to a person who has made an application in accordance with subsection (4).
(b) The Agency may, by notice in writing, require an applicant to whom paragraph (a) applies to provide the Agency with such information and documentation additional to the information and documentation that he or she provided the Agency in relation to the application concerned before the operative date as the Agency considers appropriate, including —
(i) an updated environmental impact assessment report, and
(ii) a map identifying the area to which the application relates,
within such period as is specified in the notice.
(c) Where a person fails to comply with a requirement specified in a notice under paragraph (b), the Agency may declare that the application concerned is deemed to have been withdrawn.
(6) (a) Subject to sections 92, 95, 96 and 97, a licence or revised licence in force immediately before the operative date shall remain in force in accordance with its terms until —
(i) the expiration of the period of 36 months after the operative date, or
(ii) in the case of a person who holds that licence or revised licence and who makes an application under subsection (3), the relevant day.
(b) In this section “relevant day” means –
(i) in circumstances where the Agency makes a decision to grant a licence, the day on which the Agency notifies the person of the decision,
(ii) in circumstances where the Agency makes a decision to refuse to grant a licence, such day as falls 8 weeks (or such extended period as may be determined by the High Court in accordance with paragraph (b) of subsection (10) of section 87) from the day on which the Agency notifies the person of the decision, unless the person makes an application for an order under Order 84 of the Rules of the Superior Courts in respect of the decision,
(iii) in circumstances where, in accordance with regulation 19 of the Regulations of 2013, a person withdraws the application concerned, the day on which the application is so withdrawn,
(iv) in circumstances where, in accordance with paragraph (c) of subsection (5) or regulation 19 of the Regulations of 2013, the application is declared by the Agency to have been abandoned or withdrawn, such day as falls 8 weeks from the day on which the Agency notifies the person of the declaration, unless the person makes an application for an order under Order 84 of the Rules of the Superior Courts in respect of the declaration,
(v) in circumstances where, in accordance with regulation 10(2), 11(2)(c) or 13(4) of the Regulations of 2013, the Agency informs the person that it cannot consider the application, on the day on which the Agency so informs the person in accordance with that regulation, unless the person makes an application for an order under Order 84 of the Rules of the Superior Courts in respect of the Agency’s decision that it cannot so consider the application,
(vi) in circumstances where the person has applied for an order under Order 84 of the Rules of the Superior Courts in respect of a decision of the Agency referred to in paragraph (ii) —
(I) in case the order is refused, on the day on which final judgment is given refusing the order, or
(II) in the case of the withdrawal of the application for such order, the day on which the person so withdraws that application, or
(vii) in circumstances where the person applies for an order under Order 84 of the Rules of the Superior Courts in respect of a declaration of the Agency referred to in subparagraph (iv) or a decision of the Agency referred to in subparagraph (v) —
(I) in case the order is refused, on the day on which final judgment is given refusing the order, or
(II) in case the person withdraws the application for such order, on the day on which the person withdraws that application.
(7) (a) Subsection (2) shall —
(i) subject to subparagraph (ii), not apply during the period specified in subsection (4) to a person who, immediately before the operative date, was carrying on peat extraction (other than a relevant activity carried on in accordance with a licence or revised licence under this Part), and
(ii) not apply during the relevant period, to a person who makes an application in accordance with subsection (4),
(b) In this subsection “relevant period” means, in relation to a person who has made an application in accordance with subsection (4), the period commencing on the day on which the application is made and ending —
(i) in circumstances where the Agency makes a decision to grant a licence, on the day on which the Agency notifies the person of the decision,
(ii) in circumstances where the Agency makes a decision to refuse to grant a licence, 8 weeks (or such extended period as may be determined by the High Court in accordance with paragraph (b) of subsection (10) of section 87) from the day on which the Agency notifies the person of the decision, unless the person makes an application for an order under Order 84 of the Rules of the Superior Courts in respect of the decision,
(iii) in circumstances where, in accordance with regulation 19 of the Regulations of 2013, the person withdraws the application, on the day on which the application is so withdrawn,
(iv) in circumstances where, in accordance with paragraph (c) of subsection (5) or regulation 19 of the Regulations of 2013, the application is declared by the Agency to have been abandoned or withdrawn, 8 weeks from the day on which the Agency notifies the person of the declaration, unless the person makes an application for an order under Order 84 of the Rules of the Superior Courts in respect of the declaration,
(v) in circumstances where, in accordance with regulation 10(2), 11(2)(c) or 13(4) of the Regulations of 2013, the Agency informs the person that it cannot consider the application, on the day on which the Agency so informs the person in accordance with that regulation, unless the person makes an application for an order under Order 84 of the Rules of the Superior Courts in respect of the Agency’s decision that it cannot so consider the application,
(vi) in circumstances where the person applies for an order under Order 84 of the Rules of the Superior Courts in respect of a decision of the Agency referred to in paragraph (ii) —
(I) in case the order is refused, on the day on which final judgment is given refusing the order, or
(II) in case the person withdraws the application for such order, on the day on which the person withdraws that application, or
(vii) in circumstances where the person applies for an order under Order 84 of the Rules of the Superior Courts in respect of a declaration of the Agency referred to in subparagraph (iv) or a decision of the Agency referred to in subparagraph (v) —
(I) in case the order is refused, on the day on which final judgment is given refusing the order, or
(II) in case the person withdraws the application for such order, on the day on which the person withdraws that application.
(8) (a) The termination of a licence in accordance with this section shall not operate to effect the discharge or revocation of a condition attaching to the licence, and accordingly the person who, immediately before the said termination, was the holder of the licence shall, upon and after the said termination, continue to be required to comply with that condition.
(b) In this subsection —
‘termination’ includes, in relation to a licence, expiration or revocation of the licence; and
‘licence’ includes revised licence.
(9) This section shall not affect the operation of section 92, 95, 96 or 97 in relation to any licence or revised licence —
(a) in force immediately before the operative date, and
(b) that remains in force in accordance with subsection (6).”.
Amendment of section 83 of Act of 1992
5. Subsection (2A) of section 83 of the Act of 1992 is amended –
(a) in paragraph (c), by the substitution of “Subject to paragraphs (b) and (ca)” for “Subject to paragraph (b)”,
(b) by the insertion of the following paragraph:
“(ca) Subject to subsections (1A) to (1I) of section 87, an environmental impact assessment shall be carried out by the Agency in respect of —
(i) an application for a licence (other than an application by a licensee for the review of a licence or revised licence under paragraph (b) of subsection (1) of section 90) to carry on peat extraction, and
(ii) a review, in accordance with subsection (1) of section 90, of a licence or revised licence to carry on peat extraction, relating to a change or extension of the licensed activity, where the change or extension –
(I) involves an area of 30 hectares or more, or
(II) is, in the opinion of the Agency, likely to have significant adverse effects on the environment.”, and
(c) in paragraph (d), by –
(i) the deletion of “or” at the end of subparagraph (i) and the substitution of “environment, or” for “environment.” in subparagraph (ii), and
(ii) the insertion of the following subparagraphs:
“(iii) in the case of an application for a licence (other than an application by a licensee for the review of a licence or revised licence under paragraph (b) of subsection (1) of section 90), where the application is in respect of the carrying on of peat extraction, or
(iv) in the case of a review, in accordance with subsection (1) of section 90, of a licence or revised licence to carry on peat extraction, where the review relates to a change or extension of the licensed activity and that change or extension –
(I) involves an area of 30 hectares or more, or
(II) is, in the opinion of the Agency, likely to have significant adverse effects on the environment.”.
Amendment of section 86 of Act of 1992
6. Section 86 of the Act of 1992 is amended –
(a) in paragraph (a) of subsection (1), by the insertion of the following subparagraph:
“(via) in the case of peat extraction, specify requirements to avoid, prevent, reduce and offset any significant adverse effects of such extraction on the environment,”,
(b) the insertion of the following subsection:
“ (8A) Where the Agency proposes to attach a condition to a licence or revised licence that would necessitate development of a class referred to in paragraph (2) of Regulation 8H of the Planning and Development Regulations 2001, the Agency –
(a) shall consult with each planning authority in whose functional area the peat extraction (in respect of which the licence or revised licence will apply) will be carried on, and
(b) may attach to the licence or revised licence —
(i) such conditions in respect of the carrying out of such development as may be recommended by any such planning authority for the purpose of ensuring the proper planning and sustainable development of that area, or
(ii) such other conditions as the Agency considers necessary to avoid, prevent, reduce or offset any significant adverse effects of the activity on the environment,”, and
(c) in subsection (9), by the substitution of “subsection (8)(a) or (8A)(a)” for “subsection (8)(a)”.
Amendment of section 87 of Act of 1992
7. Section 87 of the Act of 1992 is amended –
(a) in subsection (1A) –
(i) by the insertion of the following paragraph after paragraph (a) of the definition of “application for permission”:
“(ab) an application for permission for strategic housing development under section 4 of the Planning and Development (Housing) and Residential Tenancies Act 2016 ,”, and
(ii) by the insertion of the following after paragraph (a) of the definition of “grant of permission”:
“(ab) a grant of permission for strategic housing development under section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016 ,”,
(b) in subsection (1H), by the insertion of the following paragraph:
“(d) Where an environmental impact assessment report relating to peat extraction is submitted to the Agency in accordance with paragraph (iii) or (iv) of paragraph (d) of subsection (2A) of section 83, the Agency shall –
(i) not later than 2 weeks from the date on which it receives the statement, notify the Minister for Culture, Heritage and the Gaeltacht in writing that the Agency has received an application for a licence and request that Minister to provide the Agency, not later than 6 weeks from the date specified in the notice, such observations (in such form as the Agency may specify) as he or she may have in relation to the application or the environmental impact assessment report accompanying the application,
(ii) have regard to any such observations in the making of a determination in relation to the application, and
(iii) consult with such persons (including the Minister referred to in subparagraph (i)) as the Agency considers appropriate in relation to the potential impact on the environment of the peat extraction to which the application relates.”,
(c) in subsection (2), by the insertion of the following paragraph:
“(ab) in the case of an application to which paragraph (d) of subsection (1H) applies, the Minister for Culture, Heritage and the Gaeltacht in addition to the persons specified in paragraphs (a), (aa), (b), (c) and (d),”,
(d) by the insertion of the following subsection:
“ (3C) Notwithstanding subsection (3), the Agency may, in relation to an application referred to in paragraph (d) of subsection (1H), extend the period referred to in subsection (3) by such further period as it considers necessary to enable it to comply with subsection (1H) and, where the Agency so extends the first-mentioned period, it shall notify each of the persons specified in paragraphs (a), (aa), (ab), (b), (c) and (d) of subsection (2) of the extension in writing.”, and
(e) in paragraph (a) of subsection (8), by the insertion of the following subparagraph:
“(iib) the Minister for Culture, Heritage and the Gaeltacht in the case of an application referred to in paragraph (d) of subsection (1H),”.
Amendment of section 90 of Act of 1992
8. Section 90 of the Act of 1992 is amended –
(a) in subsection (1) by the substitution of “Subject to subsection (1A), the Agency -” for “The Agency -”, and
(b) by the insertion of the following subsection:
“(1A) Where an application for a licence is made under subsection (3) of section 82B, a review shall not be undertaken in accordance with subsection (1) in respect of the licence or revised licence in force in relation to the area to which the application relates.”.
Amendment of First Schedule to Act of 1992
9. The First Schedule to the Act of 1992 is amended by the substitution of the following paragraph for paragraph 1.4:
“1.4 Peat extraction.”.
Amendment of section 172 of Planning and Development Act 2000
10. Section 172 of the Planning and Development Act 2000 (No. 30 of 2000) is amended, in subparagraph (ii) of paragraph (a) of subsection (1), by the insertion of “(other than subparagraph (a) of paragraph 2)” after “Part 2”.
Amendment of Planning and Development Regulations 2001
11. The Planning and Development Regulations 2001 ( S.I. No. 600 of 2001 ) are amended –
(a) in paragraph 11 of “Directions for completing this form” to Form No. 2 (Planning Application Form) in Schedule 3, by the substitution of “Except in the case of peat extraction that would involve an area of 30 hectares or more, an environmental impact assessment report (EIAR)” for “An environmental impact assessment report (EIAR)”, and
(b) in Part 2 of Schedule 5, by the substitution of the following for subparagraph (a) of paragraph 2:
“(a) Peat extraction that involves an area of 30 hectares.”.
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GIVEN under my Official Seal,
16 January 2019
RICHARD BRUTON,
Minister for Communications, Climate Action and Environment
1 OJ No. L26 of 28 January 2012, p.1
2 OJ No. L124 of 25 April 2014, p.1S.I. No. 130/2020 –
European Union (Waste Management) (Environmental Impact Assessment) Regulations 2020
The Minister for Communications, Climate Action and Environment, in exercise of the powers conferred on him by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving further effect to Directive 2011/92/EU of the European Parliament and of the Council of 13 December 20111 , as amended by Directive 2014/52/EU of the European Parliament and of the Council of 16 April 20142 , hereby make the following regulations:
Citation
1. These Regulations may be cited as the European Union (Waste Management) (Environmental Impact Assessment) Regulations 2020.
Transitional arrangements
2. (1) Where, in relation to an application for a waste licence, within the meaning of 40(2A) of the Principal Act, an environmental impact statement was submitted to the Environmental Protection Agency before 16 May 2017, the Principal Act and the Regulations of 2004 shall continue to apply as if these Regulations had not come into operation.
(2) In this Regulation, “environmental impact statement” means a statement of the direct and indirect effects that a proposed development will have or is likely to have on the environment and includes the information specified in Annex IV to Directive No. 2011/92/EU of the European Parliament and of the Council of 13 December 20111 .
Interpretation
3. In these Regulations –
“Principal Act” means the Waste Management Act 1996 (No. 10 of 1996);
“Regulations of 2004” means the Waste Management (Licensing) Regulations 2004 (S.I. 395 of 2004).
Environmental impact assessment report
4. The Principal Act is amended –
(a) by the substitution of “environmental impact assessment report” for “environmental impact statement” in each place where it occurs, and
(b) by the substitution of “such report” for “such statement” in each place where it occurs.
Amendment of section 2 of Principal Act
5. Section 2 of the Principal Act is amended in the Table to that section by the insertion of “, as amended by Directive 2014/52/EU of the European Parliament and of the Council of 16 April 20142 ” after the reference to “Directive No. 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment”.
Amendment of section 5 of Principal Act
6. Section 5 of the Principal Act is amended –
(a) in subsection (1), by –
(i) the insertion of the following definition after the definition of “development”:
“ ‘EIA Directive’ means Directive 2011/92/EU of the European Parliament and of the Council of 13 December 20111 as amended by Directive 2014/52/EU of the European Parliament and of the Council of 16 April 20142 ;”,
(ii) the insertion of the following definition after the definition of “environmental impact assessment”:
“ ‘environmental impact assessment report’ shall be construed in accordance with section 40(2A);”, and
(iii) the deletion of the definition of “environmental impact statement”,
and
(b) by the substitution of the following subsection for subsection (3B):
“(3B) Subject to this Act, a word or expression that is used in this Act and that is also used in the EIA Directive has, unless the context otherwise requires, the same meaning in this Act as it has in that Directive.”.
Amendment of section 15 of Principal Act
7. Section 15 of the Principal Act is amended by the insertion of the following subsection after subsection (1):
“(1A) Each local authority and the Agency shall carry out, or cause to be carried out, such monitoring of compliance with environmental conditions attached to a waste licence under section 41(2A) or section 41(2B) as it considers to be necessary having regard to the nature, location and size of the activity and the significance of its effects on the environment.”.
Amendment of section 40 of Principal Act
8. Section 40 of the Principal Act is amended –
(a) in subsection (2)(b)(ii) –
(i) by the insertion, in clause (I), of “this Part, or with” after “and in accordance with”, and
(ii) by the insertion, in clause (III), of “this Part, or with” after “and in accordance with”,
and
(b) in subsection (2A) –
(i) by the substitution, in paragraph (a), of the following definition for the definition of “environmental impact assessment”:
“ ‘environmental impact assessment’ in relation to an application for a waste licence, means a process in respect of the proposed activity –
(i) consisting of –
(I) the preparation of an environmental impact assessment report in accordance with section 40(2A)(d),
(II) the carrying out of consultation with the public, public authorities and where applicable, another Member State,
(III) the examination by the Agency of the information presented in the environmental impact assessment report, any supplementary information provided by the applicant in accordance with section 40(2A)(e) and any relevant information received in written submissions made in accordance with regulations under section 45, or objections made to the Agency under section 42(3),
(IV) the reaching by the Agency of a reasoned conclusion on the significant effects of the proposed activity on the environment, and
(V) the integration by the Agency of its reasoned conclusion into its decision under section 42(11A),
and
(ii) including an examination by the Agency to identify, describe and assess the direct and indirect significant effects of the proposed activity, including the expected effects derived from the vulnerability of the activity to risks of major accidents and disasters relevant to it, on –
(I) population and human health,
(II) biodiversity, with particular attention to species and habitats protected under Council Directive 92/43/EEC of 21 May 19923 and Directive 2009/147/EC of the European Parliament and of the Council of 30 November 200944 ,
(III) land, soil, water, air and climate,
(IV) material assets, cultural heritage and the landscape, and
(V) the interaction between the factors mentioned in clauses (I) to (IV);”,
(ii) by the insertion, in paragraph (a), of the following definition after the definition of “environmental impact assessment”:
“ ‘environmental impact assessment report’ means a report prepared by competent experts which contains the following information:
(i) a description of the proposed activity comprising information on the site, design, size and other relevant features of the activity;
(ii) a description of the likely significant effects of the proposed activity on the environment;
(iii) a description of any features of the proposed activity and of any measures envisaged in order to avoid, prevent or reduce and if possible, offset likely significant adverse effects on the environment;
(iv) a description of the reasonable alternatives studied by the applicant which are relevant to the proposed activity and its specific characteristics, and an indication of the main reasons for the option chosen, taking into account the effects of the proposed activity on the environment;
(v) any additional information specified in paragraph 2 of Schedule 6 to the Planning and Development Regulations 2001 ( S.I. No. 600 of 2001 ) that is relevant to the specific characteristics of the proposed activity and to the environmental features likely to be affected;
(vi) a non-technical summary of the information referred to in subparagraphs (i) to (v);
(vii) a reference list detailing the sources used for the descriptions and assessments included in the report.”,
(iii) by the insertion of the following paragraph after paragraph (a):
“(aa) In carrying out an environmental impact assessment under this subsection, the Agency shall, where appropriate, coordinate the assessment with any assessment of the proposed activity under Council Directive 92/43/EEC of 21 May 19923 or Directive 2009/147/EC of the European Parliament and of the Council of 30 November 20094 .”,
(iv) by the substitution of the following paragraph for paragraph (c):
“(c) Subject to paragraph (b) and section 42(1A) to (1l), an environmental impact assessment shall be carried out by the Agency in respect of an application for a waste licence relating to an activity, where development comprising or for the purpose of the activity is:
(i) of a class specified in Part 1 or Part 2 of Schedule 5 to the Planning and Development Regulations, 2001 and either –
(I) such development would equal or exceed, as the case may be, any relevant quantity, area or other limit specified in Part 1 or Part 2, or
(II) no quantity, area or other limit is specified in that Part in respect of the development concerned,
or
(ii) of a class specified in Part 2 of Schedule 5 to the Planning and Development Regulations 2001 but does not equal or exceed, as the case may be, the relevant quantity, area or other limit specified in that Part and the Agency, in exercise of the powers conferred on it by regulations under section 45, determines that the proposed activity is likely to have significant effects on the environment.”,
(v) by the substitution of the following paragraph for paragraph (d):
“(d) Subject to section 42(1A) to (1l), an applicant for a waste licence shall submit an environmental impact assessment report to the Agency in respect of an application that is subject to an environmental impact assessment under paragraph (c) and where applicable, such report shall –
(i) with a view to avoiding duplication of assessments, take into account the available results of other relevant assessments of the effects on the environment carried out pursuant to European Union legislation, and
(ii) be based on an opinion issued by the Agency in accordance with regulations under section 45.”,
(vi) by the insertion, in paragraph (e), of “, including information specified in paragraph 2 of Schedule 6 to the Planning and Development Regulations 2001,” after “additional or supplemental information”, and
(vii) by the insertion, in paragraph (g), of “, the Agency shall ensure that it has, or has access as necessary to, sufficient expertise to examine the environmental impact assessment report, and” after “environmental impact assessment”.
Amendment of section 41 of Principal Act
9. Section 41 of the Principal Act is amended –
(a) by the substitution of the following subsection for subsection (2A):
“(2A) In relation to an application for a waste licence, within the meaning of section 40(2A)(c), the Agency may attach such environmental conditions to the waste licence as it considers necessary to avoid, prevent, reduce or offset the significant adverse effects of the activity on the environment.”,
and
(b) by the insertion of the following subsection after subsection (2A):
“(2B) Where the Agency decides, in relation to an application for a waste licence, that an environmental impact assessment is not required on the basis of features or measures proposed by the applicant to avoid or prevent significant adverse effects on the environment, the Agency may attach such features or measures as environmental conditions to the waste licence.”.
Amendment of section 42 of Principal Act
10. Section 42 of the Principal Act is amended –
(a) by the insertion of the following subsection after subsection (1A):
“(1AA) Unless the context otherwise requires, in subsections (1B) to (1G), “environmental impact assessment” and “environmental impact assessment report” have the same meaning as they have in the Planning and Development Act 2000 .”,
(b) in subsection (1G)(b), by the substitution of the following for sub-paragraph (i):
“(i) in relation to which a grant of permission is required, where the development or the proposed development is of a class specified in Part 2 of Schedule 5 to the Planning and Development Regulations 2001 but does not equal or exceed, as the case may be, the relevant quantity, area or other limit specified in that Part, and”,
(c) in subsection (1H), by the deletion of paragraph (d),
(d) in subsection (2), by the substitution of “and the Agency shall publish that decision on its website.” for “and, where the decision so notified is a decision to grant a waste licence or a revised waste licence, shall specify where a copy of the proposed licence or revised licence may be obtained.”,
(e) in subsection (11A) –
(i) by the substitution of “make the following information available on its website:” for “make available the following information:”, and
(ii) by the substitution of the following subparagraphs for subparagraphs (i) to (vi):
“(i) the decision and, where the application was subject to an environmental impact assessment by the Agency, the reasoned conclusion on the significant effects of the activity on the environment, taking into account the results of the Agency’s examination of the environmental impact assessment report, and where appropriate, its own supplementary examination;
(ii) any environmental conditions attached to the decision, including conditions regarding monitoring measures, parameters to be monitored and the duration of the monitoring;
(iii) a description of the features, if any, of the activity and the measures, if any, envisaged to avoid, prevent, reduce or offset the significant adverse effects of the activity on the environment;
(iv) the main reasons and considerations on which the decision is based, including –
(I) information about the public participation process,
(II) a summary of the results of consultations and information gathered from the environmental impact assessment report (where applicable), written submissions made in accordance with regulations under section 45, or objections made to the Agency under section 42(3), and
(III) a description of how the results referred to in clause (II) have been incorporated or otherwise addressed by the Agency;
(v) information on the procedures available to the persons referred to in or prescribed under subsection (2), including the public, to review the substantive and procedural legality of the decision.”,
(f) by the insertion of the following subsection after subsection (11A):
“(11AA) Where applicable, the Agency shall be satisfied that the reasoned conclusion referred to in subsection (11A)(b)(i) remains up-to-date when making its decision under this subsection.”, and
(g) in subsection (12), by the substitution of “30 days” for “28 days”.
Amendment of section 54 of Principal Act
11. Section 54 of the Principal Act is amended, in subsection (7) –
(a) by the substitution of the following paragraphs for paragraph (a) and (b):
“(a) In exceptional cases, the Minister may, by order, exempt an application for a waste licence, within the meaning of section 40(2A), made by or on behalf of a local authority in its functional area from a requirement to prepare an environmental impact assessment report, where such a report would adversely affect the purpose of the proposed activity.
(b) The Minister, in making an order under this subsection, shall ensure that the objectives of the EIA Directive are met and the Minister shall comply with Article 2(4) of the EIA Directive.”,
(b) by the substitution, in paragraph (c), of “paragraph 4” for “paragraph “3(a)”,
(c) by the insertion, in paragraph (d), of “on the website of the Department of Communications, Climate Action and Environment and” after “published”, and
(d) by the insertion of the following paragraph after paragraph (e):
“(f) The Minister shall, every 2 years, inform the Commission of the European Union of any orders made under this subsection.”.
Environmental impact assessment report
12. The Regulations of 2004 are amended –
(a) by the substitution of “environmental impact assessment report” for “environmental impact statement” in each place where it occurs,
(b) by the substitution, in article 6(d), of “such a report” for “such a statement”,
and
(c) by the substitution, in article 18(3), of “the report” for “the statement”.
Amendment of Article 3 of Regulations of 2004
13. Article 3 of the Regulations of 2004 is amended –
(a) in paragraph (t) by the deletion of “and”,
(b) in paragraph (u) by the substitution of “No. 172/2007, and” for “No. 172/2007.”,
and
(c) by the insertion of the following paragraph after paragraph (u):
“(v) the EIA Directive.”.
Amendment of Article 6 of Regulations of 2004
14. Article 6 of the Regulations of 2004 is amended –
(a) by the substitution of the following for paragraph (e):
“(e) state that a copy of –
(i) the application for a waste licence or for the review of a waste licence, as the case may be,
(ii) the environmental impact assessment report (where the application is required to be accompanied by such report in accordance with Part III) and any opinion issued by the Agency on the scope of that report,
(iii) where applicable, such further information, including reports and advice, relating to the environmental impact assessment as may be furnished to the Agency in the course of the Agency’s consideration of the application, shall, as soon as is practicable after receipt by the Agency, be available on the Agency’s website and a copy of such information shall be available for inspection or purchase at the headquarters of the Agency during office hours and, where the applicant is a local authority, at the principal office of the authority,”,
and
(b) by the insertion of the following paragraphs after paragraph (e):
“(f) state that if, pursuant to article 17, it appears to the Agency that the activity the subject of the application would or is likely to have a significant impact on the environment in another Member State, the Agency shall as soon as may be after receipt of the said application, notify the appropriate competent authority in the Member State concerned,
(g) state that, pursuant to section 42(2) of the Act, a draft decision shall be published by the Agency, and
(h) state the arrangements for public participation, including –
(i) the right of the public to make a written submission under article 15, and
(ii) the right of the public to make an objection against a proposed decision under section 42(3) of the Act.”.
Amendment of Article 11 of Regulations of 2004
15. Article 11 of the Regulations of 2004 is amended by the substitution of “in electronic form through the Agency website” for “to the principal office of the Agency”.
Amendment of Article 12 of Regulations of 2004
16. Article 12(4) of the Regulations of 2004 is amended by the substitution of “article 13” for “sub-articles 13(1) and (2)”.
Amendment of Article 13 of Regulations of 2004
17. Article 13 of the Regulations of 2004 is amended –
(a) by the substitution of the following sub-article for sub-article (1):
“(1) An application for a waste licence to which section 40(2A)(c) of the Act applies shall, in addition to the matters specified in article 12, be accompanied by an environmental impact assessment report prepared in respect of the application.”,
(b) by the deletion of sub-articles (2), (3), (4) and (5),
and
(c) by the substitution of the following sub-article for sub-article (6):
“(6) An applicant shall submit the environmental impact assessment report referred to in sub-article (1) in electronic form through the Agency website.”.
Insertion of new Articles
18. The Regulations of 2004 are amended by the insertion of the following articles after article 13:
“Screening by Agency
13A. (1) In accordance with section 40(2A)(c) of the Act, where an application for a waste licence in respect of a proposed activity comprises development of a class specified in subparagraph (ii) of section 40(2A)(c), the Agency shall determine whether or not the proposed activity is likely to have significant effects on the environment and where it determines that the proposed activity is likely to have significant effects on the environment, the application shall be subject to an environmental impact assessment.
(2) In respect of an application referred to in paragraph (1), the applicant shall provide the information specified in Schedule 7A to the Planning and Development Regulations when submitting the application to the Agency under article 11, including, where relevant, information on how the available results of other relevant assessments of the effects on the environment carried out pursuant to European Union legislation (other than the EIA Directive) have been taken into account.
(3) In addition to the information furnished under paragraph (2), the applicant may provide a description of the features, if any, of the proposed activity and the measures, if any, envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment.
(4) The Agency shall make its determination under paragraph (1) on the basis of the information provided under paragraphs (2) and (3), taking into account the relevant criteria specified in Schedule 7 to the Planning and Development Regulations and, where relevant, the results of other preliminary verifications or assessments of the effects on the environment carried out pursuant to any Act of the Oireachtas or under European Union legislation (other than the EIA Directive).
(5) In a determination under paragraph (1)-
(a) where the Agency determines that the proposed activity is likely to have significant effects on the environment, the Agency shall specify, with reference to the relevant criteria listed in Schedule 7 to the Planning and Development Regulations, the main reasons for that determination, and
(b) where the Agency determines that the proposed activity is not likely to have significant effects on the environment, the Agency shall specify –
(i) the main reasons for that determination by reference to the relevant criteria listed in Schedule 7 to the Planning and Development Regulations, and
(ii) any features of the proposed activity and measures proposed by the applicant to avoid or prevent significant adverse effects on the environment.
(6) Subject to paragraph (7), the Agency shall make its determination under paragraph (1) as soon as possible and within 90 days from the date on which the applicant has submitted all of the information required under paragraph (2).
(7) The Agency may, in exceptional cases, including where it is justified by the nature, complexity, location or size of the proposed activity, extend the 90 day period referred to in paragraph (6) and in such cases, it shall inform the applicant in writing of the reasons justifying the extension and of the date when its determination is expected.
(8) The Agency shall publish –
(a) notice of a determination under paragraph (1) in a newspaper circulating in the area or areas in which the proposed activity is to be carried on,
(b) a determination under paragraph (1) on its website, and
(c) information on the procedures available to the public to review the substantive and procedural legality of the determination.
Opinion on Environmental Impact Assessment Report
13B. (1) The Agency shall, on the request of an applicant to whom section 40(2A)(d) of the Act applies and before the submission of an environmental impact assessment report, prepare a written opinion on the scope and level of detail of the information to be included in the environmental impact assessment report.
(2) In making a request for an opinion under paragraph (1), the applicant shall provide the information that may reasonably be required by the Agency in preparing the opinion, including information on the specific characteristics of the proposed activity, including its location and technical capacity, and its likely impact on the environment.
(3) In preparing an opinion under paragraph (1), the Agency shall –
(a) consult the following –
(i) the Minister for Communications, Climate Action and Environment,
(ii) the Minister for Housing, Planning and Local Government,
(iii) such other public authorities or persons as the Agency considers necessary having regard to the nature and extent of the activity to which the application refers,
and
(b) take into account the information provided by the applicant, in particular on the specific characteristics of the proposed activity, including its location and technical capacity, and its likely impact on the environment.
(4) Where an opinion referred to in paragraph (1) has been issued, the opinion shall be provided to the applicant and the environmental impact assessment report shall be based on that opinion, and include the information that may reasonably be required by the Agency for reaching a reasoned conclusion on the significant effects of the proposed activity on the environment, taking into account current knowledge and methods of assessment.
(5) Where the Agency prepares and issues an opinion under this article, it shall not prejudice the exercise by the Agency of its powers to require the applicant to furnish it with specified additional information in relation to the likely effects of the proposed activity on the environment.
Notice of Environmental Impact Assessment Report
13C. (1) Where the Agency determines that an application for a waste licence should be subject to an environmental impact assessment under article 13A(1), the applicant shall, within 2 weeks of the submission of an environmental impact assessment report to the Agency, publish a notice in a newspaper circulating in the area or areas in which the proposed activity is to be carried on.
(2) The notice referred to in paragraph (1) shall –
(a) contain as a heading the words “SUBMISSION OF AN ENVIRONMENTAL IMPACT ASSESSMENT REPORT TO THE ENVIRONMENTAL PROTECTION AGENCY”, and
(b) contain the information specified in article 6(a) to (h).”.
Amendment of Article 14 of Regulations of 2004
19. Article 14 of the Regulations of 2004 is amended –
(a) in sub-article (1)(b), by the substitution of “13” for “sub-articles 13(1) and (2)”,
(b) in sub-article (2)(a), by the substitution of “13” for “sub-articles 13(1) and (2)”, and
(c) in sub-article (2)(b), by the substitution of “13” for “sub-articles 13(1) and (2)”.
Amendment of Article 15 of Regulations of 2004
20. Article 15 of the Regulations of 2004 is amended by the substitution of “30 days” for “one month”.
Amendment of Article 16 of Regulations of 2004
21. Article 16(2) of the Regulations of 2004 is amended by the substitution of “article 13(1) relates” for “sub-articles 13(1) and (2) relate”.
Amendment of Article 17 of Regulations of 2004
22. Article 17(3) of the Regulations of 2004 is amended –
(a) in paragraph (g), by the substitution of “the EIA Directive” for “Council Directive 85/337/EEC”,
and
(b) in paragraph (i), by the substitution of “30 days” for “four weeks”.
Amendment of Article 18 of Regulations of 2004
23. Article 18 of the Regulations of 2004 is amended by the deletion of sub-article (4).
Amendment of Article 19 of Regulations of 2004
24. Article 19 of the Regulations of 2004 is amended –
(a) by the substitution of the following for paragraph (6):
“(6) For the purposes of sub-articles (1) and (3), the documents or other items specified in sub-articles (2) and (4), and any report to which sub-article (8) refers, shall be available for public inspection on the Agency’s website.”,
and
(b) in paragraph (8), by the deletion of “, following the decision to grant or refuse the said waste licence in accordance with section 40(1) of the Act,”.
Amendment of Article 34 of Regulations of 2004
25. Article 34 of the Regulations of 2004 is amended –
(a) by the substitution of the following for sub-article (1):
“(1) The Agency shall promptly notify each person specified in sections 42(2) and 42(11) of the Act, any Member State consulted pursuant to article 17 and the public authorities, persons or bodies referred to in article 18 of its decision under section 42(11A) of the Act.”,
and
(b) by the insertion of the following sub-article after sub-article (2):
“(2A) The Agency shall promptly publish notice of a decision under section 42(11A) of the Act in a newspaper circulating in the area or areas in which the proposed activity is to be carried on.”.
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GIVEN under the Official Seal of the Minister for Communications, Climate Action and Environment,
14 April, 2020.
S.I. No. 421/2022 –
European Union (Environmental Impact Assessment) (Environmental Protection Agency Act 1992) (Amendment) Regulations 2022
I, Eamon Ryan, Minister for the Environment, Climate and Communications in exercise of powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving further effect to Directive 2010/75/EU of the European Parliament and of the Council of 24 November 20101 and further effect to Directive No. 2011/92/EU of the European Parliament and of the Council of 13 December 20112 on the assessment of the effects of certain public and private projects on the environment, amended by Directive 2014/52/EU of the European Parliament and of the Council of 16 April 20143 hereby make the following regulations:
1. These Regulations may be cited as the European Union (Environmental Impact Assessment) (Environmental Protection Agency Act 1992) (Amendment) Regulations 2022.
2. These Regulations shall come into operation on the 24th day of August 2022.
3. Section 87(1B) (amended by section 41 of the Circular Economy and Miscellaneous Provisions Act 2022 (No 26 of 2022)) of the Environmental Protection Agency Act 1992 (No.7 of 1992) is amended by the deletion of “by or on behalf of a Minister of the Government”.
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GIVEN under my Official Seal,
22 August 2022.
EAMON RYAN
Minister for the Environment, Climate and Communications.
1 O.J. No. L334 17.12.2010, p 17
2 O.J. No. L26, 28.1.2012, p.1
S.I. No. 422/2022 –
Environmental Protection Agency (Integrated Pollution Control) (Licensing) (Amendment) Regulations 2022
I, Eamon Ryan, Minister for the Environment, Climate and Communications in exercise of powers conferred on me by section 6 , section 85(4) and section 89 of the Environmental Protection Agency Act 1992 (No. 7 of 1992) hereby make the following regulations:
1. These Regulations may be cited as the Environmental Protection Agency (Integrated Pollution Control) (Licensing) (Amendment) Regulations 2022.
2. These Regulations shall come into operation on the 25th day of August 2022.
3. In these Regulations, “Principal Regulations” means the Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 ( S.I. No. 283 of 2013 ).
4. Regulation 2(1) of the Principal Regulations is amended, in paragraph (b) of the definition of “application for permission”, by the insertion of “181(2A),” after “177AE”.
5. Regulation 9(2) of the Principal Regulations is amended –
(a) in paragraph (d)(ii), by the insertion of “or, was exempted in accordance with that Act from being so required,” after “Act of 2000”,
(b) in paragraph (e) –
(i) in the chapeau, by the insertion of “or, in the case where an order under section 181(2)(a) of the Act of 2000 is made in respect of development comprising or for the purposes of the integrated pollution control activity to which the application for the licence relates, a copy of the order made,” after “a copy of the grant of permission”, and
(ii) in subparagraph (ii) by the insertion of “or, was exempted in accordance with that Act from being so required,” after “Act of 2000”.
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GIVEN under my Official Seal,
22 August 2022.
EAMON RYAN
Minister for the Environment, Climate and Communications.
3 O.J. No. L24, 25.4.2014, p.1
RICHARD BRUTON,
Minister for Communication, Climate Action and Environment.
1 OJ No. L 26, 28.1.2012, p.1
2 OJ No. L 124, 25.4.2014, p.1
1 OJ No. L 26, 28.1.2012, p.1
2 OJ No. L 124, 25.4.2014, p.1
1 OJ No. L 26, 28.1.2012, p.1
2 OJ No. L 124, 25.4.2014, p.1
3 OJ No. L 206, 22.7.1992, p. 7
4 OJ No. L 20, 26.1.2010, p. 7
3 OJ No. L 206, 22.7.1992, p. 7
4 OJ No. L 20, 26.1.2010, p. 7